STATE  OF  NEW  YORK 


REPORT 


OF  THE 


Joint  Committee  of  the  Senate  and  Assembly 


OF  THE 


STATE    OF    NEW    YORK 
Appointed  to  Investigate 

Telephone  and  Telegraph  Companies 


urns  vNve  r-jwio  crEra 


TRANSMITTED  TO  THE  LEGISLATURE  MARCH  21,  1910 


MAN^rjf^D    K.    TC-r.K:-^i:-4\ 

aSOa   DIME   BANK    BLOa. 
DETROIT 


ALBANY 
J.  B.  LYON  COMPANY.  PRINTERS 

1910 


WE' 


APPENDIX  B 


Compilation  of  Statutes 

Relating  to 

Incorporation,  Regulation,  Supervision  and 

Taxation 

of 

Telegraph   and   Telephone    Companies 

in 

The  Several  States  and  Territories  of  tlie  United  States 


880GG0 


LETTER  OF  TRA^^SMITTAL. 


Cold  Spring-on-Hudson,  N.  Y., 

March  8, 1910. 

To  Hon.  E.  J.  Page,  Cliiej  Counsel  Joint  Committee  of  the  Senate 
and  Assembly  of  the  State  of  New  York  Appointed  to  Inves- 
tigate Telephone  and  Telegraph  Companies: 

Dear  Sik. — As  requested  by  you  I  have  prepared  for  the  use  of 
the  Committee,  and  herewith  submit,  a  compilation  of  the  statutes 
of  the  several  states  and  territories  of  the  United  States  relating 
to  the  incorporation,  regulation,  supervision  and  taxation  of  tele- 
graph and  telephone  companies  within  those  states  and  territories. 
Very  truly  yours, 

J.  BENNETT  SOUTHARD, 

Assistant  Counsel. 


ALABAMA. 


I.    CONSTITUTION. 

The  Legislature  shall  pass  no  special  act  conferring  corporate 
powers,  and  shall  pass  general  laws  under  which  charters  may  be 
altered  or  amended,  and  shall  provide  by  general  law  for  the 
payment  to  the  State  of  a  franchise  tax  by  domestic  corporations, 
which  shall  be  in  proportion  to  the  amount  of  capital  stock. 

A  foreign  corporation  shall  not  do  business  in  the  State  with- 
out having  at  least  one  known  place  of  business  and  an  authorized 
agent  therein  and  without  filing  with  the  Secretary  of  State  a 
certified  copy  of  its  articles  of  incorporation  or  association. 

Corporations  shall  engage  only  in  the  business  authorized  by  its 
charter. 

Lands  belonging  to  the  State  shall  never  be  donated  directly  or 
indirectly  to  private  corporations  or  individuals,  nor  shall  such 
lands  be  sold  to  corporations  for  a  less  price  than  that  for  wdiich 
they  are  subject  to  sale  to  individuals,  provided,  however,  that 
the  Legislature  may  grant  a  right  of  way  not  exceeding  125  feet 
in  width  as  a  mere  easement  for  railroads  or  telegraph  or  tele- 
phone lines  across  State  land,  and  the  Legislature  shall  never  dis- 
pose of  the  land  covered  by  such  right  of  way,  except  subject  to 
such  easement. 

'No  mimicipality  having  a  population  of  more  than  6,000  shall 
have  authority  to  grant  the  right  to  use  its  streets  or  public  places 
for  the  construction  or  operation  of  telephone  or  telegraph  lines 
for  a  longer  period  than  thirty  years.  Any  corporation  organized 
for  the  purpose,  or  any  individual,  shall  have  the  right  to  con- 
struct and  maintain  lines  of  telegraph  or  telephone  within  the 
State  and  connect  the  same  with  other  lines,  and  the  Legislature 
shall  by  general  law  of  uniform  operation  provide  reasonable 
regulations  to  give  full  effect  to  this  section.     T^o  telegraph  or 


8  Telegraph  a:s'd  Telephone  'Companies. 

telephone  company  shall  consolidate  with  or  hold  a  controlling 
interest  in  the  stock  or  bonds  of  any  other  telegraph  or  telephone 
company  o^\aiing  a  competing  line  or  acquire  by  purchase  or  other- 
wise any  other  competing  line  of  telegraph  or  telephone. 

II.    CORPORATIONS. 

Three  or  more  persons  may  become  a  body  corporate  whose 
certificate  of  incorporation  shall  be  signed  by  all  "the  subscribers 
to  the  capital  stock,  and  which  shall  set  forth  its  name,  its  object, 
location  of  its  principal  office,  amount  of  authorized  capital  stock, 
which  shall  not  be  less  than  $2,000 ;  the  number  of  shares,  the 
amount  of  capital  stock  with  which  it  will  begin  business,  which 
shall  not  be  less  than  25  per  cent,  of  the  authorized  capital ;  the 
name  and  addresses  of  its  officers  or  agents  designated  to  receive 
subscriptions,  and  if  the  corporation  be  a  telegraph  or  telephone 
company  the  certificate  shall  further  state  the  names  of  the  county 
or  counties  in  which  it  is  proposed  to  do  business,  which  certifi- 
cate shall  be  filed  and  recorded  in  the  office  of  the  probate  judge 
of  the  county  of  the  place  of  its  principal  business  office,  and 
certain  legal  fees  prescribed  by  statute  known  as  charter  fees 
shall  be  paid  and  after  filing  the  certificate  in  the  office  of  the 
probate  judge,  the  corporation  shall  cause  to  be  filed  in  the  office 
of  the  Secretary  of  State  a  statement  signed  by  that  judge  setting 
forth  in  detail  its  name,  the  names  of  the  incorporators,  date  of 
incorporation  and  amount  of  capital,  and  the  place  where  incor- 
porated. 

Domestic  corporations  may  have  meetings  of  its  directors  within 
or  without  the  State. 

Telegraph  or  telephone  companies  may  exercise  the  right  of 
eminent  domain,  provided  that  no  person  or  corporation  shall  be 
authorized  to  use  the  streets  and  public  places  of  a  city,  town 
or  village  without  the  consent  of  the  proper  authorities  of  such 
municipality  being  first  obtained,  and  telephone  and  telegraph 
companies  may  acquire  by  condemnation  the  right  of  way  for 
their  lines,  and  may  enter  upon  lands  to  examine  and  make  sur- 
veys for  their  proposed  lines. 

]*^on-user  of  franchises  for  a  period  of  five  years  shall  work  a 
forfeiture  of  such  franchise. 


Compilation  of  Statutes.  9 

Whenever  any  corporation  operating  or  maintaining  any  pub- 
lic utility  and  having  enjoyed  franchises  under  contract  with  any 
municipality  to  render  any  public  service  to  such  city  or  munici- 
pality or  inhabitants  thereof  shall  fail  after  reasonable  notice, 
of  default  in  the  performance  of  such  contract,  to  comply  with  and 
perform  the  same  in  the  manner  provided  in  such  contract,  the 
governing  body  of  such  municipality  may  apply  to  the  Chancery 
Court  to  enforce  the  forfeiture  of  the  rights  and  franchise  and 
annul  the  charter  of  the  corporation. 

Corporations  whose  charter  expires  or  which  are  dissolved  exist 
as  a  body  corporate  for  five  years  for  the  purpose  of  suits  and  of 
settling  its  business,  but  not  for  the  purpose  of  continuing  business 
and  the  directors  during  that  period  are  the  trustees  of  the  prop- 
erty of  such  company. 

A  foreign  coi-poration  shall  file  a  certificate  designating  at  least 
one  known  place  of  business  in  the  State,  and  an  authorized  agent 
residing  thereat,  wliicli  certificate  must  be  filed  in  the  oftice  of  the 
Secretary  of  State,  and  it  shall  be  unlawful  for  any  such  company 
to  engage  or  transact  business  before  filing  said  certificate,  and  if 
it  shall  so  do  without  complying  with  the  provisions  of  this  act  it 
shall  for  each  offens(>  forfeit  to  the  State  the  sum  of  $1,000. 
Such  foreign  corporations  shall  pay  into  the  treasury  for  the 
use  of  the  State  a  fee  to  be  based  upon  the  amount  of  its  capital 
stock,  and  all  contracts  made  in  the  State  by  any  foreign  cor- 
poration which  has  not  first  complied  with  the  provisions  of  this 
act  shall,  at  the  option  of  the  other  party  to  the  contract,  be  wholly 
void.  Any  foreign  corporation  shall  have  the  right  to  acquire  by 
subscription,  purchase  or  otherwise,  and  to  hold,  own  and  vote, 
the  shares  of  the  capital  stock  of  any  domestic  corporation,  pro- 
vided such  foreign  corporation  shall  have  complied  with  the  laws 
of  the  State  that  refer  to  the  doing  business  therein  of  foreign 
companies ;  provided  that  nothing  herein  contained  shall  be  con- 
strued or  interpreted  as  authorizing  the  creation  of  any  monopoly, 
trust  or  unlawful  combination  in  the  nature  of  a  trust  or 
monopoly. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

A  telegraph  company,  foreign  or  domestic,  shall  have  the  right 
to  construct,  maintain  and  operate  its  lines  along  any  railroads 


10  Telegkaph  and  Telephone  Companies. 

or  public  highways  of  the  State,  providing  the  same  be  con- 
structed and  maintained  so  as  not  to  obstruct  or  hinder  the  usual 
travel  of  such  railroad  or  highway,  and  shall  have  the  right  to 
contract  with  the  owner  of  any  lands  or  of  any  franchise  or 
easement  over  which  such  telegraph  line  is  proposed  to  be  erected 
for  the  right  of  way  for  planting,  repairing  and  preserving  its 
poles ;  and  such  telegraph  company  shall  be  entitled  to  the  right 
of  way  over  the  lands,  franchises  and  easements  of  other  persons 
and  companies  and  the  right  to  erect  poles  and  establish  offices 
upon  making  just  compensation  as  provided  by  law. 

The  right  of  way  is  granted  to  any  person  or  company  having 
the  right  to  construct  telegraph  or  telephone  lines  within  the 
State,  to  construct  them  along  the  margin  of  public  highways. 

The  right  of  eminent  domain  is  granted  to  domestic  corpora- 
tions, and  to  such  foreign  corporations  which  have  complied  with 
the  laws  of  the  State  regulating  the  doing  of  business  by  them, 
and  any  foreign  telegraph  or  telephone  company  proposing  to 
extend  connecting  lines  in  the  State  may  acquire  an  easement  for 
the  iises  and  purposes  of  such  connecting  lines. 

IV.    TAXATION. 

Taxes  shall  be  levied  for  public  schools,  for  relief  of  Confed- 
erate soldiers  and  sailors,  and  for  the  use  of  the  State  and  to  raise 
revenue  therefor.  Each  telegraph  or  long  distance  telephone 
company  doing  business  between  points  wholly  within  the  State, 
and  without  reference  to  its  interstate  commerce  or  governmental 
business,  shall  pay  in  advance  to  the  State  Treasurer  a  privilege 
tax  based  upon  the  mileage  of  telegraph  or  long  distance  telephone 
lines  operated  by  it  in  the  State,  and  each  telegraph  company 
whose  line  does  not  exceed  150  miles  shall  pay  at  the  rate  of  $1 
per  mile,  and  where  the  line  exceeds  150  miles  it  shall  pay  $500, 
together  with  $1  for  each  mile  of  such  line.  Each  long  distance 
telephone  company  whose  lines  within  the  State  do  not  exceed 
200  miles  shall  pay  at  the  rate  of  50  cents  per  mile,  and  each  long 
distance  telephone  company  whose  lines  within  the  State  exceed 
200  miles  shall  pay  $250 ;  and  no  telegraph  company  or  long 
distance  telephone  company  shall  be  liable  to  pay  any  additional 
privilege  tax  except  licenses  required  by  cities  and  towns  and 
except  upon   its   real  estate,   fixtures   and   other   local   property, 


Compilation  of  Statutes.  11 

which  shall  be  subject  to  taxation  as  other  property  in  the  State. 
The  payment  of  such  privilege  tax  to  the  Treasurer  shall  be 
accompanied  by  a  sworn  report  showing  the  number  of  miles  of 
line  operated  by  the  company  within  the  State. 

The  chief  officer  of  every  local  telephone  company  annually  shall 
make  a  return  under  oath  to  the  assessor  of  the  county  in  which 
such  instruments  are  located  or  lines  operated,  of  the  number  of 
miles  of  telephone  wire  in  the  county  belonging  to  such  company, 
its  value,  the  number  of  poles,  batteries,  instruments  and  articles  in 
the  county  connected  with  its  business,  the  value  thereof,  the 
amount  of  gross  receipts  from  its  business,  done  during  the  pre- 
ceding year,  and  the  assessor  shall  assess  the  tax  against  such 
company. 

The  chief  officer  of  every  telegraph  or  long  distance  telephone 
company  whose  line  or  part  thereof  is  in  the  State  must  annually 
make  return  to  the  Auditor  of  the  number  of  miles  of  wire  in  the 
State,  the  number  of  poles,  batteries  and  articles  in  the  State  con- 
nected with  its  business,  specifying  the  counties  in  which  such 
property  is  situated  and  the  items  thereof. 

All  property,  real  and  personal,  of  telegraph  or  telephone  com- 
panies not  required  by  this  act  to  be  returned  to  the  Auditor  must 
be  returned  to  the  tax  assessor  of  the  county  in  which  it.  is  tax- 
able, and  by  him  assessed  as  other  property  in  the  county  is 
returned  and  assessed. 

Licenses  are  required  from  each  telephone  company  operating 
a  line  in  towns  or  cities  of  20,000  inhabitants  of  $25  ;  in  towns 
and  cities  of  less  than  20,000  and  more  than  10,000  inhabitants, 
$10 ;  and  in  all  other  places,  $5 ;  but  this  tax  shall  not  apply  to 
private  individuals  who  operate  a  line  between  private  residences 
for  private  use  and  where  no  rental  is  charged. 

V.    CRIMES  AND  PENALTIES. 

Any  person  who  wilfully,  intentionally  or  knowingly  cuts  do-\vn, 
destroys  or  injures  any  telegraph  or  telephone  line  or  part 
thereof  or  who  shall  wilfully,  intentionally  or  knowingly  place  or 
leave  any  material  on,  across  or  against  the  wires  of  such  line, 
must  on  conviction  be  fined  not  less  than  $25  nor  more  than  $500, 
and  may  also  be  imprisoned  for  a  period  not  exceeding  six 
months. 


12  Telegkaph  and  Telephone  Companies. 

vi.  limitations  of  trade  and  comivierce. 

Any  person  or  company  who  engages  or  agrees  with  other  per- 
sons or  companies  to  enter  into,  directly  or  indirectly,  any  com- 
bination or  confederation  to  regulate  or  fix  the  price  of  any  article 
or  commodity  to  be  sold  within  the  State  for  speculation,  or  any 
person  or  company  who  enters  into  or  becomes  a  member  or  party 
of  such  pool,  agreement  or  combination  to  fix  or  limit  the  quantity 
of  any  article  or  commodity  to  be  produced,  manufactured,  mined 
or  sold  within  the  State  may  on  conviction  be  fined  not  less  than 
$500  nor  more  than  $2,000. 

Any  corporation  chartered  under  the  laws  of  the  State  or  any 
officer  or  employee  or  stockholder  thereof  which  enters  into  any 
combination  with  any  other  company  or  combination  with  intent 
to  place  the  management  or  control  of  such  company  in  the  hands 
of  any  other  corporation  or  person  and  thereby  limit  or  fix  the 
price  or  restrict  or  diminish  the  production,  manufacture,  sale, 
use  or  consumption  of  any  article  of  commerce  must,  on  convic- 
tion, be  fined  not  less  than  $500  nor  more  than  $2,000. 

VII.    LEGISLATURE. 

The  Legislature  shall  meet  quadrennially. 


Compilation  of  Statutes.  13 


AI.ASKA. 


I.    CORPORATIONS. 

Three  or  more  adult  persons  having  a  bona  fide  residence  in 
Alaska  may  form  a  corporation,  and  shall  make  and  subscribe 
articles  of  incorporation  in  triplicate,  filing  one  in  the  office  of 
the  Secretary  of  the  District  of  Alaska,  another  in  the  office  of 
the  clerk  of  the  District  Court  of  the  recording  division  in  which 
the  principal  place  of  business  of  the  company  shall  be  located, 
and  retaining  the  third  in  the  possession  of  the  company;  and 
upon  so  filing  such  certificate  giving  the  name,  business,  place  of 
transacting  the  same,  duration  (which  shall  not  exceed  fifty  years), 
capital  stock,  how  paid  in,  number  and  par  value,  place  and  name 
of  residence  of  persons  forming  the  company  and  the  highest 
amount  of  indebtedness  or  liability  to  which  such  corporation 
shall  at  any  time  be  subject;  the  persons  who  have  executed  such 
certificate  shall  be  a  body  corporate  and  politic  in  fact  and  in  law. 

The  corporate  powers  of  the  company  shall  be  exercised  by  a 
board  of  not  less  than  three  directors,  who  shall  be  stockholders 
and  a  majority  of  whom  shall  be  residents  of  Alaska. 

Annual  statement  of  the  affairs  of  the  company  shall  be  pub- 
lished three  weeks  in  a  newspaper  in  Alaska. 

Foreign  corporations  shall,  before  doing  business  within  the 
District,  file  in  the  office  of  the  Secretary  of  the  District  and  in  the 
office  of  the  clerk  of  the  District  for  the  division  wherein  they 
shall  intend  to  carry  on  business  a  duly  certified  copy  of  its 
articles  of  incorporation,  and  a  statement  showing  the  name  of 
the  company,  location  of  its  principal  place  of  business,  capital 
stock  paid  in  in  money  and  otherwise,  assets  and  cash  value, 
liability,  and  if  any  indebtedness  is  secured,  how  secured,  and 
a  certificate  certifying  that  the  company  has  consented  to  be  sued 
in  the  courts  of  the  District  and  designating  a  resident  of  the 
District  as  an  agent  upon  whom  process  may  be  served;  and 
upon  failure  so  to  do  such  company  shall  forfeit  the  sum  of  $25 
for  every  day  it  shall  neglect  to  file  the  same  and  every  contract 


14  Telegraph  and  Telephone  Companies. 

made  by  it  or  its  agents  shall  be  voidable  at  the  election  of  the 
other  party  thereto,  and  if  it  shall  fail  to  comply  with  any  of  the 
provisions  of  this  chapter  all  its  contracts  with  citizens  of  the 
District  shall  be  void  as  to  the  corporation  or  company,  and  no 
court  shall  enforce  the  same  in  favor  of  the  corporation  or  com- 
pany so  failing. 

]^o  telegraph  or  cable  lines  owned,  or  operated  or  controlled  by 
persons  not  citizens  of  the  United  States,  or  by  any  foreign  cor- 
poration or  government,  shall  be  established  in  or  permitted  to 
enter  Alaska. 

The  right  of  eminent  domain  may  be  exercised  in  behalf  of 
telegraph  or  telephone  lines. 

The  town  councils  shall  have  the  power  by  ordinance  to  assess 
on  real  and  personal  property  and  levy  a  general  tax  for  munici- 
pal purposes,  and  to  impose  such  license  tax  on  business  con- 
ducted within  the  corporate  limits  as  the  council  shall  deem 
reasonable,  and  to  provide  for  its  collection  by  fine  and  penalty 
as  for  a  violation  of  other  ordinances. 

Every  telegraph  comj)any  shall  transmit  without  delay  messages 
upon  application  of  any  officer  of  the  District  of  the  United 
States  for  the  prevention  and  punishment  of  crime  and  for  arrest ; 
any  officer  or  employee  of  the  company  who  shall  refuse  or 
omit  to  transmit  the  same  or  shall  alter  or  falsify  the  same  for 
any  purpose,  shall  be  liable  to  indictment  and  upon  conviction 
shall  be  fined  not  more  than  $1,000  or  imprisoned  not  more 
than  twelve  months,  or  both. 

Wilful  and  malicious  injury  or  displacement  of  any  insulator 
or  removal  thereof  or  of  any  wires  or  any  object  used  in  any 
line  of  telegraph  or  telephone  or  the  attachment  of  a  ground  wire 
or  other  contrivance  to  wilfully  and  maliciously  destroy  or  inter- 
fere with  the  transmission  of  electricity  along  the  line,  or  to  in 
any  way  destroy  appliances  appurtaining  to  such  line;  or  to 
interfere  wilfully  or  maliciously  in  the  use  of  any  telegraph  or 
telephone  line  or  obstruct  or  postpone  any  message  thereover  or 
permit  or  advise  any  such  injury  or  interference  shall  be  a  mis- 
demeanor punishable  by  a  fine  not  exceeding  $50  or  imprison- 
ment not  exceeding  six  months,  or  both,  as  shall  be  the  same  pun- 
ishment of  an  officer,  operator  or  employee  who  shall  wilfully 


Compilation  of  Statdtks.  15 

divulge  to  any  person  other  than  the  party  from  whom  the  same 
was  received  or  to  whom  sent  or  his  agent  or  attorney,  any  mes- 
sage received  or  sent  or  intended  to  be  sent  over  any  telegraph 
line,  or  divulge  the  contents,  substance,  or  purport  thereof,  or  wil- 
fully alter  by  adding  thereto  or  omitting  therefrom  any  word  or 
figure,  so  as  to  materially  change  the  sense  or  purport  of  such 
message,  to  the  injury  of  the  persons  sending  or  desiring  to  send 
the  same  or  to  whom  the  same  was  directed. 

Knowingly  and  wilfully  sending  a  false  despatch  or  the  delivery 
thereof  by  any  agent  or  employee  in  any  telegraph  office  shall  be 
punished  in  like  manner,  nor  shall  any  agent  or  employee  in  any 
telegraph  office  in  any  way  use  or  appropriate  any  information 
derived  by  him  from  any  private  message  passing  through  his 
hands,  nor  shall  he  trade  or  speculate  upon  such  information  so 
obtained,  or  in  any  manner  turn  or  attempt  to  turn  the  same  to  his 
account  or  profit,  nor  shall  any  operator  or  employee  wilfully  or 
unreasonably  refuse  or  neglect  to  transmit  any  message  received 
by  such  office  or  unreasonably  or  wilfully  postpone  the  same  out 
of  its  order  or  wilfully  or  unreasonably  refuse  or  neglect  to  deliver 
the  same,  and  if  such  agent  shall  so  do,  he  shall  be  punishable 
by  a  fine  not  exceeding  $500  or  six  months'  imprisonment  or  both, 
provided  that  the  charges  on  such  message  shall  have  been  paid  or 
tendered ;  nor  shall  any  envelope  containing  a  telegraph  message, 
and  addressed  to  any  other  person  be  wilfully  or  unlawfully  opened 
without  the  authority  or  consent  of  the  persons  to  whom  the  same 
is  directed. 

l^To  person  connected  with  any  telegraph  company  shall  b;y 
means  of  any  machine,  instrument  or  contrivance  wilfully  and 
fraudulently  attempt  to  read  any  message  or  learn  the  contents 
thereof  while  the  same  is  being  sent  over  any  line  or  wilfully  or 
clandestinely  learn  or  attempt  to  learn  the  contents  or  meaning  of 
any  message  while  the  same  is  in  any  telegraph  office  or  being- 
received  thereat  or  sent  therefrom,  nor  shall  any  person  bribe  any 
operator  to  disclose  a  private  message  or  offer  any  bribe  or  com- 
pensation for  the  disclosure  of  any  private  information,  and  any 
person  so  doing  shall  be  guilty  of  a  misdemeanor,  punishable  by 
a  fine  not  exceeding  $1,000  or  imprisonment  not  exceeding  one 
year  or  both. 


16  Telegeaph  and  Telephone  Companies. 


ARIZONA. 


II.  CORPORATIOXS. 

Any  number  of  persons  may  associate  themselves  together  and 
become  incorporated  for  the  transaction  of  business  which  is  law- 
ful and  before  commencing  business  they  must  adopt  articles  of 
incorporation  which  shall  be  signed  and  acknowledged  and  recorded 
in  the  county  where  the  principal  place  of  business  is  to  be  and  a 
certified  copy  thereof  shall  be  filed  in  the  office  of  the  Territorial 
Auditor,  Such  articles  of  incorporation  must  specify  the  highest 
amount  of  indebtedness  and  liability  direct  or  contingent  to  which 
it  is  at  any  time  to  be  subject  which  shall  in  no  case  exceed  two- 
thirds  of  the  amount  of  its  capital  stock. 

Corporations  may  be  formed  to  endure  for  twenty-five  years 
but  they  may  be  renewed  from  time  to  time  for  a  period  of  not 
exceeding  twenty-five  years. 

A  corporation  may  establish  a  sinking  fund  and  loan  the  same 
out  from  time  to  time;  taking  in  all  cases  good  and  sufficient 
security  therefor. 

All  corjDorations  shall  appoint  a  bona  fide  resident  of  the  terri- 
tory who  has  been  such  resident  for  at  least  three  years,  its  agent 
upon  whom  all  notices  or  process  may  be  served. 

Foreign  corporations  shall  file  a  duly  authenticated  copy  of  its 
charter  and  articles  of  incorporation  and  the  appointment  of  an 
agent  with  the  Territorial  Auditor  and  the  county  recorder  in  each 
county  in  the  territory  in  which  its  business  is  to  be  carried  on 
and  every  act  done  by  a  foreign  corporation  prior  thereto  shall  be 
void. 

III.  TAXATION. 

The  common  councils  in  cities  shall  have  power  to  regulate  the 
erection  of  poles  and  wires  in  and  upon  its  public  streets  and 
grounds,  but  no  franchise  or  right  to  use  the  same,  either  on,  across 
or  under  the  public  streets  and  grounds  shall  be  granted  for  a 
longer  period  than  twenty-five  years  and,  in  addition  to  any  other 


Compilation  of  Statutes.  17 

form  of  compensation  granted,  shall  pay  annually  to  such  city  a 
sum  of  money  based  in  amount  upon  its  gross  receipts  and  such 
grant  may  provide  that  upon  the  termination  thereof,  the  plant, 
as  well  as  the  property  of  the  gi-antee  in  the  streets  and  public 
places  shall  thereupon  without  further  or  other  compensation  to 
the  grantee,  or  upon  the  payment  of  a  fair  valuation  thereof,  be 
and  become  the  property  of  the  city.  The  grantee  shall  be  entitled 
to  no  payment  because  of  any  valuation  derived  from  this  franchise 
and  each  grantee  of  a  franchise  from  the  city  rendering  a  service 
to  be  paid  for  wholly  or  in  part  by  users  of  such  service  shall 
keep  books  of  account,  and  make  quarterly  reports  in  writing  to  the 
city  comptroller  of  all  its  financial  receipts  and  a  full  statement  of 
its  assets  and  debts  and  other  information  as  to  its  financial  con- 
dition. 

The  city  council  shall  have  power  to  prevent  the  encumbering  of 
the  streets  or  public  grounds  with  poles,  or  any  substances  or 
material  whatever  and  to  regulate  and  have  and  exercise  exclusive 
control  over  the  streets  and  sidewalks  of  the  city  and  to  regulate  or 
prohibit  the  erection  of  telegraph  and  telephone  wires,  poles  or 
cables,  and  have  power  to  designate  by  ordinance  where  such  poles 
shall  be  placed  by  any  person  or  corporation  operating  under  a 
franchise  granted  by  the  council  and  shall  have  exclusive  power 
to  license  and  tax  the  carrying  on  and  conduct  of  any  and  all 
professions,  occupations,  trades  or  other  business  by  any  person, 
natural  or  artificial,  within  the  corporate  limits  of  the  city  and 
to  fix  the  amount  of  license  tax  thereon  to  be  paid  in  such  amounts 
and  at  such  times  as  the  council  shall  think  practicable  and  just 
and  may  enforce  the  payment  thereof. 

Towns  may  be  formed  containing  a  population  of  500  and  more 
whose  corporate  powers  shall  be  vested  in  a  common  council  who 
shall  have  power  within  the  limits  of  the  town  to  exercise  exclusive 
control  over  the  streets  and  public  places  thereof  and  to  license, 
tax  and  regulate  telegraph  and  telephone  companies,  and  have 
power  to  levy  and  collect  annually  taxes  upon  the  assessed  value 
of  the  real  and  personal  property  within  the  town  as  shown  by 
the  equalized  assessment-roll  of  the  current  year. 

Any  franchise  for  any  public  utility  to  be  maintained  or  oper- 
ated by  any  private  person  or  company  in  any  municipal  corpo- 

2 


18  Telegkaph  and  Telephone  Companies. 

ration  in  the  territory  shall  not  be  granted  by  the  authorities 
thereof  unless  authorized  to  be  granted  by  a  majority  vote  of  the 
qualified  voters  thereof  at  a  regular  election  held  therein. 

An  application  for  such  franchise  shall  be  presented  to  the 
common  council  who  shall  file  the  same  and  if  the  council  shall 
deem  the  granting  thereof  beneficial  they  may  pass  a  resolution 
stating  that  fact  and  submit  the  question  as  to  whether  such  fran- 
chise shall  be  granted  or  not,  to  the  qualified  voters  of  that  munici- 
pality at  the  following  regular  election  held  therein,  and  if  the 
majority  of  the  votes  cast  thereat  shall  be  in  favor  of  granting 
that  franchise  the  council  may  grant  the  same,  but  for  no  longer 
term  than  twenty-five  years. 

IV.    CRIMES  AND  PENALTIES. 

Malicious  removal,  injury  or  destruction  of  any  line  of  tele- 
graph or  its  apparatus  or  severing  any  wire,  is  a  misdemeanor ; 
wilful  disclosure  of  the  contents  of  a  telegraph  message  without  the 
permission  of  the  person  to  whom  it  is  addressed  is  punishable  by 
imprisonment  for  a  term  not  exceeding  five  years  as  is  the  like 
punishment  for  the  wilful  alteration  of  the  purport,  effect  or  mean- 
ing of  such  a  message  and  a  like  punishment  is  prescribed  if  any 
person  not  connected  with  a  telegraph  office,  without  authority  wil- 
fully opens  any  sealed  envelope  enclosing  a  telegraph  message 
addressed  to  another  for  the  purpose  of  learning  the  contents 
thereof  or  fraudulently  representing  such  other  person  and  thereby 
procuring  to  be  delivered  sucli  telegraph  message  addressed  to 
such  other  person  with  intent  to  use,  destroy  or  detain  the  same. 

Every  agent  of  a  telegraph  company  who  wilfully  refuses  or 
neglects  to  send  a  message  received  at  such  office,  or  wilfully  dis- 
poses of  the  same  out  of  its  order,  or  wilfully  refuses  or  neglects 
to  deliver  a  message  received  by  telegraph  is  guilty  of  a  mis- 
demeanor provided  the  charges  therein  have  been  paid  or  tendered. 

Telegraph  agents  must  not  use  information  gained  as  such, 
from  messages  passing  through  their  hands ;  the  penalty  for  which 
is  punishable  by  imprisonment  for  not  exceeding  five  years.  Brib- 
ing a  telegraph  operator  to  disclose  any  private  message  or  fraudu- 
lently reading  messages  by  any  machine  or  contrivance  or  in  any 
other  manner  and  thereby  learning  the  contents  or  meaning  of  a 


CoMpiLATiox  or  Statutes.  19 

message  while  the  same  is  being  sent  or  received  is  punishable 
bv  a  like  penalty. 

Any  court  may  by  endorsement  upon  a  warrant  of  arrest  author- 
ize the  service  thereof  by  telegraph  and  the  telegraphic  copy  thereof 
is  as  effectual  in  the  hands  of  any  officer  as  if  it  were  the  original 
warrant. 

VI.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

There  are  no  such  statutes  in  Arizona. 


20  Telegkaph  and  Telephone  Companies. 


ARKANSAS. 


I.  CONSTITUTION. 

The  General  Assembly  shall  pass  no  special  act  conferring  cor- 
porate powers,  except  for  charitable,  educational,  penal  or  re- 
formatory purposes,  where  the  corporations  created  are  to  be  and 
to  remain  under  the  patronage  and  control  of  the  State. 

Foreign  corporations  may  be  authorized  to  do  business  in  the 
State,  "provided  that  no  such  corporation  shall  do  any  business, 
except  while  it  maintains  therein  one  or  more  known  places  of 
business,  and  an  authorized  agent  for  the  same,  upon  whom 
process  may  be  served,  and,  as  to  the  contracts  made  in  the  State 
they  shall  be  subject  to  the  same  regulation  and  liabilities  as 
domestic  corporations,  and  shall  exercise  no  other  or  greater 
powers  or  franchises  than  may  be  exercised  by  domestic  corpora- 
tions, nor  shall  they  have  power  to  condemn  or  appropriate  private 
property. 

Private  property  shall  not  be  taken,  appropriated  or  damaged 
for  public  use  without  just  compensation  to  be  secured  to  the 
owner  by  a  deposit,  which  compensation,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  company,  shall  be  ascer- 
tained by  a  jury. 

II.  CORPORATIONS. 

Every  foreign  corporation  shall  have  its  certificate  filed  in  the 
office  of  the  Secretary  of  State  designating  a  citizen,  agent  upon 
whom  process  may  be  served,  which  certificate  shall  also  state  the 
principal  place  of  business  of  such  company  within  the  State,  and 
it  shall  also  file  in  the  office  of  the  Secretary  of  State,  a  copy 
of  its  charter  and  pay  certain  fees  to  the  State  Treasurer,  and 
upon  failure  so  to  do  shall  be  subject  to  a  fine  of  not  less  than 
$1,000,  in  addition  to  which  penalty  no  foreign  company  which 
shall  fail  to  comply  with  this  act  can  maintain  any  suit  or  action 
in  any  of  the  courts  of  the  State,  upon  any  demand  whether  aris- 
ing out  of  contract  or  tort. 


COMPILATIOX    OF    STATUTES.  2-1 

Any  number  of  persons  not  less  than  three  may  become  asso- 
ciated under  any  name  assumed  by  them  as  a  domestic  corpora- 
tion, the  capital  stock  of  which  shall  be  fixed  and  limited  by  the 
stockholders,  execute  articles  of  association  which  shall  specify 
the  purposes  for  which  it  is  established.  Its  capital  stock  shall 
be  fixed  by  the  articles  of  association,  and  shall  be  $25  each,  but 
capital  may  be  increased. 

Its  property  and  affairs  shall  be  managed  by  not  less  than  three 
directors  chosen  annually  by  stockholders,  and  must  be  themselves 
stockholders. 

These  directors  may  choose  officers. 

The  articles  of  association  must  be  filed  with  the  Secretary  of 
State  and  recorded  with  the  county  clerk. 

The  president  and  secretary  shall  make  annual  report  to  the 
county  clerk  showing  its  condition  of  affairs. 

The  corporation  may  be  sued  or  sue  and  hold  real  property. 

Upon  failure  of  president  and  secretary  to  make  report,  they 
shall  jointly  and  severally  be  liable  for  all  debts  of  the  corporation 
contracted  during  the  period  of  their  neglect  to  so  file  the  report. 

Directors  assenting  to  a  dividend,  if  a  dividend  is  declared 
while  the  corporation  is  insolvent  or  if  any  dividend  is  paid  which 
would  render  it  insolvent,  are  liable  for  all  debts  due  from  the 
corporation  at  the  time  of  dividend. 

]^o  preference,  except  for  wages  and  salaries  of  laborers  and 
employees  shall  be  allowed  among  the  creditors  of  an  insolvent 
corporation. 

The  Court  of  Chancery  has  jurisdiction  over  the  assets  of  an 
insolvent  corporation. 

Stockholders  or  creditors  may  apply  to  Chancery  Court  to  dis- 
solve and  wind  up  corporations. 

Corporation  may  surrender  charter  and  the  Chancery  Court 
has  jurisdiction  to  pay  its  debts  and  distribute  its  assets. 

III.    TEIiEGRAPH  AND  TELEPHONE  COMPANIES. 

Domestic  or  foreign  corporations  may  construct  and  maintain 
telegraph  or  telephone  lines  over  public  highways  and  streets  of 
cities  and  towns  or  of  public  land  or  works  belonging  to  the  State 
and  over  lands  of  private  individuals  and  upon  or  parallel  to  any 


22  Telegraph  and  Telephone  Companies. 

railroad  or  turnpike  and  over  bridges  or  structures  of  railways, 
provided  the  ordinary  use  of  such  highway,  streets  or  railroads, 
or  bridges  or  structures  be  not  obstructed,  and  the  just  damages 
be  paid  to  the  owners  of  the  lands,  railroads,  and  turnpikes  by 
reason  of  the  occupation  of  the  same  by  said  telegraph  or  tele- 
phone companies. 

Such  companies  have  the  right  of  eminent  domain  in  the  same 
manner  as  prescribed  for  taking  property  for  a  railroad  right  of 
way,  and  have  the  right  to  peacefully  enter  lands  for  purposes  of 
survey.  jSTo  exclusive  privileges  shall  be  given  to  one  company 
over  another. 

Messages  must  be  transmitted  in  order  of  their  receipt. 

Messages  must  not  be  intercepted,  nor  poles,  wires  or  fixtures 
destroyed  or  injured. 

Every  company  must  under  penalty  of  $500  transmit  such 
messages  as  may  be  tendered  to  it  without  discrimination  as  to 
charge  or  promptness. 

Every  telephone  company  must  supply  all  applicants  with  con- 
nections without  discrimination. 

The  maximum  rate  for  rental  of  telephone  instruments  is  not 
to  exceed  $4  per  month. 

The  companies  are  not  allowed  to  demand  or  sue  for  rents, 
charges  or  fees  in  excess  of  the  rates  provided  by  these  statutes. 

Telegraph  companies  must  keep  schedule  of  rates  posted  and 
upon  failure  of  any  agent  to  show  the  schedule  he  is  guilty  of  a 
misdemeanor. 

Telegraph  company  is  liable  for  mental  anguish  even  in  the 
absence  of  bodily  injury  or  pecuniary  loss  in  an  amount  which 
the  jury  may  conclude  resulted  from  the  negligence  of  said  tele- 
graph company. 

Where  corporation  has  entered  upon  property,  the  owner  may 
bring  suit  and  the  measure  of  recovery  is  the  same  as  that  govern- 
ing proceedings  by  corporations  for  the  condemnation  of  property, 
and  the  amount  of  damage  shall  be  paid  the  owner  of  lands  for 
right  of  way  shall  be  determined  irrespective  of  any  benefit  that 
the  owner  may  receive  from  any  improvement  proposed  to  be  made 
by  the  company. 

All  companies  having  exclusive  rights  to  rent  or  sell  telephone 
or  telephone  instruments  in  the  State,  and  doing  business  therein. 


Compilation  of  Statutes.  23 

shall  permit  any  individual  or  domestic  corporation  organized 
for  the  purpose  of  transmitting  telephone  messages,  to  use  and  rent 
the  instruments,  appliances  and  telephones  belonging  to  or  being 
under  the  control  of  said  companies  at  any  sum  not  to  exceed  $4 
per  month  for  each  instrument  provided  that  every  such  owners 
or  patentees  are  owning  and  operating  lines  for  the  transmis- 
sion of  telephonic  messages  between  the  same  points  of  trans- 
mission and  reception  of  messages,  they  shall  not  be  compelled  to 
rent  their  said  instruments  to  rival  companies. 

IV.    TAXATION. 

Telegraph  companies,  domestic  or  foreign,  shall  biennially  file 
with  the  Board  of  Railroad  Commissioners  a  statement  contain- 
ing a  copy  of  the  articles  of  incorporation,  amount  of  capital  stock, 
its  kind,  par  and  market  value;  the  number  of  miles  of  line  within 
and  without  the  State  which  any  such  telegraph  company  employs 
in  the  transaction  of  its  business  and  the  number  of  miles  of  line 
employed  in  the  State  in  the  transaction  of  its  business  therein. 

The  board  shall  then  proceed  to  ascertain  the  value  of  the 
entire  capital  stock  of  the  corporation,  and  shall  thereupon  fix  the 
sum  at  which  the  property  of  such  corporation  shall  be  assessed 
in  the  State  for  the  purpose  of  taxation,  by  taking  the  same  pro- 
portion of  the  aggregate  value  of  the  capital  stock  of  any  such 
company  as  the  number  of  miles  of  line  employed  in  the  State  in 
the  transaction  of  its  business  bears  to  the  aggregate  number  of 
miles  of  line  employed  in  the  State  bears  to  the  entire  number  of 
miles  employed  by  it  within  as  well  as  without  the  State,  and  then, 
such  board  shall  ascertain  the  portion  of  such  aggregate  value  to 
be  apportioned  to  the  several  counties  in  the  State  in  which  such 
property  shall  be  subject  to  taxation,  which  shall  be  done  by  divid- 
ing the  aggregate  amount  fixed  as  said  taxable  value  in  the  State 
by  the  entire  number  of  miles  of  line  over  which  such  corporations 
carry  on  its  biisincss  in  the  entire  State,  and  the  result  shall  be 
the  value  per  mile  of  such  capital  stock  for  the  purpose  of  taxa- 
tion and  said  value  per  mile  shall  be  multiplied  by  the  number  of 
miles  of  telegraph  line  lying  and  being  situate  in  said  county, 
and  the  product  thereof  is  the  sum  to  be  taxed  in  such  county. 

The  office  furniture  and  other  real  and  personal  property  of 
telegraph    companies   shall   be    assessed   in    the   county   or   other 


24:  Telegraph  and  Telephone  Companies. 

municipality  where  the  same  is  used  or  kept,  in  like  manner  as 
other  real  and  personal  property  in  such  county,  city  or  town  is 
assessed.  If  any  such  tax  assessed  against  any  telegraph  company 
in  any  county  shall  remain  due  and  unpaid  after  the  10th  day 
of  February  in  any  year  it  shall  be  unlawful  for  any  person  or 
corporation  to  act  as  agent  or  do  or  transact  any  business  for  such 
company  so  in  default  in  such  county,  until  said  tax,  interest  and 
penalty  is  fully  paid,  and  any  person  or  agent  or  employee  of  any 
corporation  who  shall  after  such  default  directly  or  indirectly  act 
as  agent  or  do  or  transact  any  business  whatever  on  account  of  or 
for  the  benefit  of  such  company,  shall  after  the  default  shall  have 
been  fixed,  be  confined  in  the  penitentiary  not  less  than  one  nor 
more  than  twelve  months. 

Telephone  companies  doing  business  in  the  State,  in  addition 
to  the  other  property  required  by  law  to  be  listed,  shall  through 
their  chief  officer  annually  deliver  to  the  county  assessor  where 
said  company  is  located  or  doing  business  a  sworn  statement 
giving  the  name  and  location  of  the  company,  the  amount  of 
capital  stock  authorized  and  number  of  shares ;  the  amount  paid 
up ;  its  market,  and  if  no  market,  then  the  actual  value  of  the 
shares ;  the  amount  of  all  indebtedness,  except  indebtedness  for 
current  expenses,  excluding  from  such  indebtedness  the  amount 
paid  for  the  purchase  or  improvement  of  the  property,  and  the 
true  value  of  all  tangible  property  belonging  to  such  company. 

V.    CRIMES  AND  PENALTIES. 

Any  person  who  wilfully  or  intentionally  shall  destroy,  injure 
or  obstruct  any  telegraph  or  telephone  line  or  any  of  the  property 
or  materials  thereof,  shall  on  conviction  therefor  be  fined  not  less 
than  $200,  and  may  be  imprisoned  for  a  period  not  exceeding 
one  year,  and  pay  to  the  owners  of  said  line  double  the  amount  of 
the  damages  sustained  thereby. 

Any  person  connected  with  any  telegraph  company  as  agent 
or  employee  who  shall  wilfully  divulge  the  contents  or  nature  of 
the  contents  of  any  private  communication  entrusted  to  him  for 
transmission  or  delivery  or  who  shall  wilfully  refuse  or  neglect 
to  transmit  or  deliver  the  same,  shall  on  conviction,  be  fined  not 
less  than  $500  or  more  than  $1,000,  or  be  imprisoned  for  not  less 
than  six  months  or  more  than  twelve,  or  both. 


Compilation  of  Statutes.  25 

vi.  limitations  of  trade  and  commerce. 

Pools  and  trusts  of  all  kinds  are  prohibited  and  violations  of 
the  act  by  a  domestic  corporation  forfeits  its  charter  while  a 
violation  thereof  by  a  foreign  corporation  causes  a  forfeiture  of 
its  right  to  do  business  in  the  State. 

Annually  the  Secretary  of  State  shall  ascertain  from  the  presi- 
dent of  domestic  corporations  whether  they  are  connected  wdth 
any  trust,  and  such  chief  officer  shall  make  reply  under  oath  in 
the  form  of  an  affidavit,  and  upon  failure  to  reply  to  siich  request 
it  shall  be  the  duty  of  the  prosecuting  attorney  to  proceed  against 
the  corporation,  if  a  domestic  corporation,  for  the  recovery  of  the 
money  forfeit  provided  in  the  act,  and  also  for  the  forfeiture  of 
its  charter  or  certificate  of  incorporation ;  if  a  foreign  corporation, 
to  f)roceed  against  the  same  for  recovery  of  the  forfeit  provided 
by  this  act,  and  to  forfeit  its  right  to  do  business  within  the  State. 

VII.    LEGISLATURE. 

The  General  Assembly  shall  meet  every  two  years. 


26  Telegeaph  and  Telephone  Companies. 


CALIFORNIA. 


I.  CONSTITUTION. 

The  Legislature  shall  not  extend  any  franchise  or  charter  or 
remit  the  forfeiture  of  any  franchise  or  charter  of  any  corporation 
now  existing  or  which  shall  hereafter  exist. 

The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged  or  construed  so  as  to  prevent  the  Legislature  from  taking 
the  property  and  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  use  the  same  as  the  property  of  individuals. 

Corporations  shall  have  no  powers  outside  of  those  expressly 
authorized  by  its  charter. 

The  Legislature  shall  pass  laws  for  the  regulation  and  limita- 
tion of  the  charges  for  serivces  performed  and  commodities  fur- 
nished by  telegraph  corporations. 

II.  CORPORATIONS. 

(a)  Domestic  Corporations. 

Five  or  more  persons,  the  majority  of  whom  shall  be  residents 
of  the  State,  may  form  a  corporation. 

The  articles  of  incorporation  of  any  telegraph  company  must 
state  the  kind  of  telegraph  intended  to  be  constructed,  its  route 
and  estimated  length  of  line,  and  before  filing  its  articles  of  incor- 
poration must  have  actually  subscribed  $100  per  mile  of  each  mile 
of  its  contemplated  work. 

Certificate  must  be  filed  in  the  office  of  the  Secretary  of  State, 
and  in  the  ofiice  of  the  county  clerk  of  the  county  in  which  its 
property  is  situate. 

The  Attorney-General  or  district  attorney,  when  required  by 
the  Governor,  must  examine  into  the  aifairs  and  conditions  of 
any  corporation,  and  the  Legislature  or  either  branch  thereof  may 
examine  into  the  affairs  and  conditions  of  any  corporation  at  all 
times. 

(b)  Foreign  Corporations. 

Foreign  corporations  must  designate  person  residing  in  the 
State  upon  whom  process  may  be  served  and  upon  failure  so  to 


Compilation  of  Statutes.  27 

do_  shall  be  denied  the  benefit  of  the  laws  of  the  State  limiting  the 
time  for  the  ccmmencement  of  civil  actions,  and  shall  not  main- 
tain or  defend  any  action  in  any  court. 

Foreign  corporations  shall  file  a  copy  of  its  articles  of  incor- 
poration or  charter  with  the  Secretary  of  State. 

III.  TEIiEGRAPH  AND  TELEPHONE  COMPANIES. 

Corporations  may  construct  lines  and  use  right  of  way  along 
waters,  roads  and  highways. 

Any  telegraph  corporation  at  any  time,  with  the  consent  of  the 
persons  holding  two-thirds  of  the  issued  stock,  can  dispose  of  its 
rights  or  property  except  its  franchise. 

Care  and  diligence  must  be  used  in  the  transmission  and 
delivery,  and  every  message,  if  practicable,  must  be  transmitted 
immediately. 

Every  person  whose  message  is  refused  or  postponed  is  entitled 
to  recover  his  actual  damage  and  $50  in  addition. 

The  right  of  eminent  domain  may  be  exercised  in  behalf  of 
telegraph  lines. 

The  court  has  jurisdiction  to  determine  all  adverse  or  conflict- 
ing claims,  and  to  determine  the  respective  rights  of  the  different 
parties  seeking  condemnation  of  the  same  property. 

Property  can  be  taken  where  it  appears  that  the  use  to  which 
it  is  to  be  applied  is  a  use  authoriized  by  law ;  that  the  taking  is 
necessary,  and  if  already  appropriated  to  some  public  use,  that 
the  public  use  to  which  it  is  to  be  applied  is  a  more  necessary, 
public  use. 

IV.  TAXATION. 

A  license  must  be  procured  before  the  commencement  of  any 
business  lial)lc  to  license  tax,  and  boards  of  supervisors  of  the 
counties  have  power  to  license  all  kinds  of  business. 

All  telegraph  and  telephone  lines  shall  be  described  as  real 
estate  but  assessed  as  personal  property  by  the  county  assessor  at 
a  rate  per  mile  for  that  portion  of  such  property  as  lies  within 
his  county. 

The  board  of  trustees  of  cities  shall  have  power  to  acquire, 
own,    construct,    maintain   and    operate   telephone   and   telegraph 


28  Telegkaph  and  Telephone  Companies. 

lines  and  to  permit  the  construction  and  maintenance  of  telegraph 
and  telephone  lines. 

Every  franchise  to  erect  or  lay  telegraph  or  telephone  lines 
proposed  to  be  granted  by  boards  of  supervisors,  trustees  or 
common  councils,  except  telegraph  or  telephone  lines  doing  an 
interstate  business  shall  be  granted  upon  application,  provided 
that  it  is  advertised  that  bids  will  be  received  for  such  franchise, 
and  that  it  will  be  awarded  to  the  highest  bidder. 

The  notice  of  publication  must  state  the  details  of  the  proposed 
franchise  and  that  sealed  bids  therefor  will  be  received  and  the 
successful  bidder  must  during  the  life  of  the  franchise  pay  the 
municipality  2  per  cent,  of  the  gross  actual  receipts  after  the 
first  five  years. 

Each  bid  shall  be  accompanied  with  cash  or  certified  check  for 
full  amount  of  the  bid;  and  at  least  10  per  cent,  of  the  amount 
of  the  bid  shall  be  deposited  with  the  clerk  of  the  municipality 
before  the  franchise  shall  be  struck  off,  and  the  remaining  90 
per  cent,  of  the  amount  shall  be  deposited  with  the  clerk  of  the 
municipality  within  twenty-four  hours  after  the  acceptance  of 
the  bid,  and  upon  failure  so  to  do  the  award  of  the  franchise 
shall  be  set  aside. 

Work  shall  be  begun  thereafter  within  four  months  and  com- 
pleted within  not  more  than  three  years,  provided  an  extension 
of  time  may  be  granted  not  to  exceed  three  months. 

A  bond  must  be  filed  by  the  successful  bidder  conditioned  that 
he  will  fulfill  and  perform  the  terms  of  the  franchise,  and  in  case 
of  any  breach  or  condition  of  the  bond,  the  whole  amount  thereof 
shall  be  taken  and  deemed  to  be  liquidated  damages  and  shall  be 
recovered. 

^o  clause  shall  be  inserted  in  any  franchise  offered  .for  sale 
which  shall  restrict  competition. 

V.    CRIMES  AND  PENALTIES. 

Telephone  or  telegraph  companies  must  not  employ  children  to 
deliver  messages  in  a  place  of  questionable  repute. 

It  is  a  misdemeanor  to  displace  or  injure  any  public  highway 
or  bridge  or  to  remove  or  injure  or  obstruct  any  telegraph  line. 

^I^o  telegraph  message  shall  be  disclosed  nor  wilfully  altered, 
and  no  message  shall  be  wilfully  postponed  out  of  its  order,  nor 


COMPILATIOX    OF    STATUTES.  29 

shall  any  company  wilfully  refuse  or  neglect  to  deliver  any  mes- 
sage received  by  telegraph. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

jS'o  statutes. 

VII.  LEGISLATURE. 

The  Legislature  shall  assemble  everv  two  years. 


30  Telegraph  ain'd  Telephone  Companies. 


ACTS   OF   CONGRESS. 


Any  telegraph  company  shall  have  the  right  to  construct  and 
operate  lines  of  telegraph  through  and  over  any  portion  of  the 
public  domain  of  the  United  States  and  over  and  along  any  of  the 
military  or  post-roads  thereof,  but  such  line  shall  be  constructed 
and  maintained  so  as  not  to  obstruct  the  navigation  of  streams  or 
interfere  with  the  ordinary  travel  of  such  roads  and  such  com- 
panies shall  have  the  right  to  take  and  use  from  the  public  lands 
through  which  its  line  may  pass,  the  necessary  stone,  timber  and 
material  needful  for  its  uses  in  constructing,  maintaining  and 
operating  its  line,  piers  and  stations  and  may  pre-empt  and  use 
such  portion  of  the  unoccupied  public  lands,  subject  to  pre-emption, 
through  which  their  lines  of  telegraph  may  be  located  as  may 
be  necessary  for  their  stations  not  exceeding  forty  acres  for  each 
station,  but  such  station  shall  not  be  within  fifteen  miles  of  each 
other.  The  United  States  government  shall  have  priority  in  the 
transmission  of  messages,  and  the  United  States  may,  for  postal, 
military  or  other  purposes,  purchase  all  the  telegraph  lines,  prop- 
erty and  effects  of  any  or  all  companies  acting  under  the  pro- 
visions of  this  act,  at  an  appraised  value  to  be  ascertained  by  five 
competent  disinterested  persons,  two  of  whom  shall  be  selected 
by  the  Postmaster  General,  two  by  the  company,  and  one  by  the 
previously  selected  appraisers. 

Before  any  telegraph  company  shall  exercise  any  of  the  powers 
or  privileges  conferred  by  law,  such  company  shall  file  their 
written  acceptance  with  the  Postmaster  General  of  the  restrictions 
or  obligations  required  by  law,  and  if,  after  they  have  filed  its 
acceptance,  shall  refuse  or  neglect  to  transmit  any  telegraphic 
communications  herein  provided  for,  such  company  shall  be  liable 
to  a  penalty  of  not  more  than  $1,000  for  each  refusal  or  neglect,  to 
be  recovered  by  an  action  at  law  in  any  district  court  of  the  United 
States. 

Telegrams  are  authorized  to  be  transmitted  by  railroad  com- 
panies which  shall  file  their  written  acceptance  of  the  restrictions 


Compilation  of  Statutes.  31 

and  obligations  imposed  on  telegraph  companies,  for  the  govern- 
ment and  for  the  general  public  at  rates  to  be  fixed  by  the  gov- 
ernment. 

All  railroad  and  telegraph  companies  to  which  the  United  States 
has  granted  any  subsidy  in  lands,  or  bonds,  or  loans,  or  credit, 
are  required  to  construct  and  maintain  or  operate  telegraph  lines, 
and  all  companies  engaged  in  operating  such  lines  forthwith  and 
henceforth  shall  maintain  and  operate  for  railroad,  governmental, 
commercial  and  all  other  purposes,  telegraph  lines,  and  exercise, 
by  themselves  alone,  all  the  telegraph  franchises  conferred  upon 
them  and  obligations  assumed  by  them  under  these  acts,  and 
whenever  any  telegraph  company  has  accepted  the  provisions  here- 
with and  shall  extend  its  lines  to  any  station  or  office  of  a  telegraph 
line  belonging  to  any  one  of  such  railroad  or  telegraph  company 
extending  its  line  shall  have  the  right,  and  such  railroad  or  tele- 
graph company  shall  allow  the  extending  coinpany  to  connect  with 
the  telegraph  line  to  such  railroad  or  telegTaph  company  attach  its 
extended  line  at  the  place  where  their  lines  may  meet  for  the 
interchange  of  telegraph  business  and  such  lines  shall  be  so  oper- 
ated as  to  afford  equal  facilities  to  all  without  discrimination  in 
favor  of  or  against  any  person  or  company  whatever,  and  shall 
receive,  deliver  and  exchange  business  with  connecting  lines  on 
equal  terms,  and  affording  equal  facilities  and  without  discrimina- 
tion for  or  against  anyone  of  such  connecting  lines  and  such 
exchange  of  business  shall  be  at  all  times  just  and  equitable. 

Upon  failure  or  refusal  to  so  maintain  and  operate  a  line  or 
refusal  to  make  or  continue  arrangements  for  interchange  of  busi- 
ness, such  connecting  telegraph  company  may  apply  for  relief  to 
any  Interstate  Commerce  Commission  whose  duty  it  shall  there- 
upon be,  under  such  rules  and  regulations  as  it  so  prescribes,  to 
ascertain  the  facts  and  determine  and  order  what  arrangements  is 
proper  to  be  made  in  the  particular  case ;  and  any  person  or  agent 
of  such  railroad  or  telegraph  company  or  any  company  operating 
the  same  which  shall  neglect  or  fail  to  operate  the  same  as  directed, 
or  shall  disobey  or  refuse  to  abide  by  or  perform  any  of  the  fore- 
going conditions,  shall  be  guilty  of  misdemeanor  punishable  by 
fine  not  exceeding  $1,000  and  imprisonment  not  less  than  six 
mouths. 


32  Telegkaph  and  Telephone  Companies. 

Every  company  shall  file  with  the  Interstate  Commerce  Com- 
mission copies  of  all  contracts  and  agreements  between  it  and 
every  other  person  or  company  in  reference  to  the  ownership, 
control,  use  or  operation  of  any  telegraph  line,  and  describing 
the  lines  and  property  belonging  to  it  and-  the  manner  in  which 
the  same  is  used  or  operated  and  the  lines  and  property  upon  its 
right-of-way  in  which  any  other  person  or  company  claims  to  have 
a  title  or  interest,  and  such  company  shall  annually  report  to  the 
Commission  the  nature,  extent,  value  and  condition  of  its  lines 
and  proj^erty,  gross  earnings,  expenses  of  maintenance,  use  and 
operation  and  its  relation  and  business  with  all  connecting  com- 
panies during  the  preceding  year,  and  upon  refusal,  or  neglect,  or 
failure  so  to  do,  or  refusal  to  submit  its  books  or  records  for 
inspection,  such  neglect  or  refusal  shall  operate  as  a  forfeiture 
of  a  sum  of  not  more  than  $5,000,  to  be  recovered  in  the  name  of 
and  for  the  use  and  benefit  of  the  United  States. 

The  Secretary  of  the  Interior  is  authorized  to  permit  the  use 
of  rights  of  way  through  the  public  lands  and  national  parks 
for  electrical  plants  and  lines  for  the  generation  and  distri- 
biui()ii  of  electricity  and  telegra])li  and  telephone  purposes  not  to 
exceed  fifty  feet  on  each  side  of  the  center  line  of  such  line  of 
poles ;  and  no  such  permit  shall  be  held  to  afford  any  right,  or  ease- 
ment, or  interest  in,  to,  or  over  any  public  land,  reservation  or 
park. 

V.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Every  contract,  combination  in  the  form  of  a  trust  or  otherwise, 
or  conspiracy  in  restraint  of  trade  or  commerce  among  the  several 
states,  or  with  foreign  nations,  is  hereby  declared  to  be  illegal 
and  every  person  who  shall  make  such  contract  or  enter  into  such 
combination  or  conspiracy  is  guilty  of  a  misdemeanor  punish- 
able by  a  fine  of  $5,000  or  imprisonment  not  exceeding  one  year, 
or  both. 

Every  person  who  shall  monopolize  or  attempt  to  monopolize,  or 
combine,  or  conspire  with  any  other  person,  or  persons,  to  monopo- 
lize any  part  of  the  trade  or  commerce  among  the  several  states  or 
foreign  nations  shall  be  deemed  guilty  of  a  misdemeanor  punish- 
able by  a  like  fine.  Every  contract  or  combination  in  the  form  of 
trust  or  otherwise,  or  conspiracy  in  restraint  of  trade  or  commerce 


Compilation  of  Statutes.  33 

in  any  territory  or  in  restraint  of  trade  or  commerce  between  any 
territory  and  another,  or  any  territory  and  State  or  with  foreign 
nations,  is  declared  illegal  and  any  person  engaged  in  such  com- 
bination is  guilty  of  misdemeanor,  and  punishable  by  like  fine  and 
imprisonment.  The  Circuit  Courts  of  the  United  States  are  in- 
vested with  jurisdiction  to  prevent  and  restrain  violations  of  this 
act  and  whenever  it  shall  appear  to  the  court  before  which  any 
proceeding  in  this  act  shall  be  pending  that  the  ends  of  justice 
require  that  other  parties  shall  be  brought  before  the  court,  the 
court  may  cause  them  to  be  summoned  whether  they  reside  in  the 
district  in  which  the  court  is  held  or  not. 

Any  property  owned  under  any  contract  or  by  any  combination 
or  pursuant  to  any  conspiracy  and  being  the  subject  thereof,  men- 
tioned in  this  act  or  being  in  the  course  of  transportation  from  one 
State  to  another,  or  to  a  foreign  country,  shall  be  forfeited  to  the 
United  States  and  be  seized  and  condemned  in  like  proceedings 
for  those  provided  by  law  for  the  forfeiture  and  condemnation  of 
property  imported  contrary  to  law. 

Any  person  who  shall  be  injured  in  his  business  or  property  by 
any  other  person  or  company  by  reason  of  anything  forbidden 
by  this  act  may  sue  therefor  in  the  Circuit  Court  in  the  district 
in  which  the  defendant  resides  or  is  found,  after  receipt  of  the 
injury  in  controversy  and  shall  recover  threefold  the  damage  by 
him  sustained,  and  the  cost  of  the  suit  including  a  reasonable 
attorney's  fee. 

All  anti-trust  cases  shall  be  given  precedence  in  the  Circuit 
Courts  of  the  circuit  by  the  Attorney-Greneral,  if  in  his  opinion 
the  case  is  of  general  public  importance. 


Vol.   2 


34  Tel^gkaph  and  Telephone  Companies. 


COLORADO. 


I.  CONSTITUTION. 

The  General  Assembly  shall  not  pass  local  or  sj)ecial  laws  grant- 
ing to  any  corporation,  association,  or  individual  any  special  or 
exclusive  privilege,  immunity  or  franchise  whatever.  The  right 
to  construct  and  maintain  telegraph  lines  within  the  State  is 
granted  and  also  to  connect  the  same  with  other  lines,  but  no 
telegraph  company  shall  consolidate  with,  or  hold  a  controlling 
interest  in  the  stock  or  bonds  of  another  telegraph  company  own- 
ing or  having  control  of  a  competing  line,  or  acquire  by  purchase 
or  otherwise  another  competing  line  of  telegraph. 

If  a  telegraph  company  consolidate  with  any  company  organized 
under  the  laws  of  another  State,  the  company  so  absorbed  shall  not 
become  a  foreign  corporation,  but  the  State  shall  have  jurisdiction 
as  if  the  consolidation  had  not  taken  place. 

The  right  of  eminent  domain  is  granted,  but  shall  never  be 
abridged  or  construed  so  as  to  prevent  the  General  Assembly  from 
taking  the  property  and  franchise  of  incorporated  companies  and 
subjecting  them  to  public  use. 

II.  CORPORATIONS. 

(a)  Domestic  Corporations. 

Three  or  more  persons  may  execute  a  certificate  and  it  shall 
be  filed  in  the  office  of  the  recorder  of  deeds  in  each  county  in 
which  it  does  business,  and  one  copy  in  the  office  of  the  Secretary 
of  State. 

It  is  not  lawful  for  a  corporation  to  use  its  funds  for  the  pur- 
chase of  stock  of  its  own  company. 

(b)  Foreign  Corporations. 

Foreign  corporations  must  file  copy  of  a  certificate  of  incorpo- 
ration or  charter  with  Secretary  of  State  and  pay  a  fee  and  shall 
designate  an  agent,  and  shall  not  exercise  any  corporate  powers  or 
acquire  any  property  or  franchise,  or  do  any  business  until  it  shall 
have  so  done  and  received  a  certificate  from  the  Secretary  of 
State. 


Compilation  of  Statutes.  35 

Every  corporation  must  make  an  annual  report  showing  its 
assets  and  indebtedness,  and  every  telegraph  or  telephone  com- 
pany must  set  forth  the  number  of  miles  of  wire  owned  and  oper- 
ated by  it  within  the  State  and  the  estimated  cash  value  thereof, 
an  dthe  number  of  miles  of  wire  leased  and  operated  with  the 
estimated  cash  value  thereof  with  the  number  of  offices  operated 
by  it  within  the  State,  and  the  estimated  cash  value  of  the  equip- 
ment of  the  same  and  the  estimated  cash  value  of  its  wires  and 
personal  property  outside  of  its  owned  and  leased  lines,  offices 
and  equipment. 

III.  TELEGRAPH  AND  TELEPHOXE  COMPANIES. 

!No  telegraph  company  shall  consolidate  its  stock,  property 
or  franchise  with  another  telegraph  company,  owning  or  con- 
trolling any  parallel  or  competing  line  of  telegraph. 

A  company  for  the  purpose  of  constructing  a  line  of  telegraph 
must  specify  the  termini  of  its  line  and  the  counties  through 
which  it  shall  pass  and  such  companies  shall  have  the  right  to 
and  is  authorized  to  construct  its  lines  along  and  upon  any  j^ublic 
highway,  but  it  shall  not  have  the  right  to  erect  the  same  in  an 
incorporated  city  or  town  without  the  consent  of  the  corporate 
authorities,  which  shall  be  in  writing  and  recorded  in  the  records 
office  of  the  county  in  which  the  city  or  town  is  located. 

Xo  company  shall  refuse  to  receive  any  despatch  from  another 
company  or  person  owning  or  operating  any  telegraph  line  in  the 
State,  nor  shall  refuse  or  neglect  to  transmit  the  same  in  good  faith, 
and  the  company  so  offending  shall  forfeit  all  rights  and  fran- 
chises. 

All  messages  must  be  transmitted  in  the  order  in  which  they  are 
received. 

Telegraph,  telephone  or  electric  light  companies  have  the  right 
to  construct  and  maintain  and  operate  their  lines  of  wire  along 
any  railroad  or  public  highway  in  the  State,  and  shall  have  the 
right  of  way  for  such  lines  and  over  the  privileges  and  easements 
of  other  persons  or  corporations  upon  making  just  compensation 
therefor,  and  shall  have  the  right  of  eminent  domain,  however, 
consent  of  municipal  authorities  in  cities  or  incorporated  tovnis 
must  be  obtained. 

Telegraph  message  must  not  be  divulged. 


36  Telegraph  and  Telephone  Companies. 

IV.    TAXATION. 

The  State  Board  of  Equalization  shall  assess  at  the  full  cash 
value  all  the  property  tangible  and  intangible  in  the  State,  Used  or 
controlled  by  telegraph  or  telephone  company  and  this  board 
shall  certify  to  the  county  assessors  and  to  the  county  clerks  the 
amount  and  value  of  the  property  assessed  by  said  board  and  the 
amount  assessed  as  being  in  the  county  of  such  assessor  and  county 
clerk. 

This  assessment  shall  be  made  annually. 

The  chief  officer  of  telegraph  or  telephone  companies  shall  file 
with  the  State  Board  of  Equalization  a  statement  showing  its 
mileage  of  lines,  the  number  of  its  instruments,  its  gross  earnings, 
the  net  proceeds  of  the  operation  of  such  line,  the  cost  of  operation 
and  maintenance  and  cost  of  all  improvements,  additions,  or 
betterments  thereto,  distinguishing,  particularly  money  expended 
in  additions,  improvements  and  betterments,  and  that  expended 
in  maintenance  and  operation. 

This  report  shall  also  set  forth  the  moneys  and  cash  on 
hand,  the  number  of  shares  of  stock,  its  par  value,  etc.,  and,  as 
to  telephone  companies,  the  report  shall  show  the  mileage  of  all 
wires  operated  within  the  limits  of  each  city  and  town  between 
the  main  station  or  other  stations  of  the  company  and  the  house, 
offices  and  places  of  business  of  the  patrons  thereof,  and  finally,  all 
properties  owned  by  said  companies  including  shares  and  capital 
stock  of  any  other  corporation  or  association. 

Where  the  telegraph  or  telephone  line  is  partly  within  and 
partly  without  the  State,  the  statement  within  mentioned  shall 
set  forth  the  same  matters  touching  the  whole  line  of  said  company 
as  well  as  touching  that  part  thereof  within  the  limits  of  the  State. 
•  The  county  assessors  shall  make  an  abstract  showing  the  assessed 
value  of  all  property,  tangible  and  intangible,  of  all  telegraph  and 
telephone  companies. 

Every  corporation  shall  set  down  in  the  schedule  of  its  property 
a  description  of  its  franchise  or  privileges  in  detail. 

l^^o  franchise  shall  be  granted  to  use  the  streets  or  public  places 
of  a  town  or  city  unless  notice  of  the  intention  of  the  company  to 
apply  shall  bo  published  with  a  description  of  the  privileges  to 
be  applied  for  and  the  time  for,  and  the  terms  upon  which  the 
franchise  is  desired. 


Compilation  of  Statutes.  37 

Proof  of  publication  must  be  produced  aud  the  proposed  ordi- 
nance must  be  read  twice  before  it  is  placed  upon  its  final  passage. 

V.  CRIMES  AND  PENALTIES. 

Xo  telegraph  or  telephone  line  shall  be  maliciously  interfered 
with  and  such  offense  is  a  misdemeanor. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

No  statutes. 

VII.  LEGISLATURE. 

The  General  Assembly  shall  meet  every  alternate  year  and  no 
session  shall  exceed  ninety  davs. 


38  Telegraph  and  Telephone  Companies. 


CONNECTICUT. 


I.  CONSTITUTION. 

The  property  of  no  person  shall  be  taken  for  public  use  without 
just  compensation. 

II.  CORPORATIONS. 

(a)  Domestic  Corporations. 

Domestic  corporations  may  acquire  by  purchase,  the  stock  of 
other  corporations  or  .its  own  stock. 

Upon  the  dissolution  of  a  corporation,  its  directors  become 
trustees  to  close  up  its  business. 

A  corporation  may  be  composed  of  three  or  more  persons. 

(b)  Foreign  Corporations. 

Foreign  corporations  must  file  copy  of  its  charter  or  certificate  of 
incorporation  with  the  Secretary  of  State  and  shall  appoint  the 
Secretary  of  State  its  attorney  upon  whom  process  can  be  served. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Telegraph  and  telephone  companies  shall  have  the  right  to  erect, 
maintain  and  construct  lines  and  shall  have  the  right  of  eminent 
domain,  but  shall  not  exercise  any  powers  to  erect  or  place  wires 
or  fixtures  on  any  highway  or  public  ground  or  to  change  the  loca- 
tion of  the  same  without  the  consent  of  the  adjoining  proprietors, 
or  if  siich  consent  cannot  be  obtained,  without  the  consent  of  two 
of  the  county  commissioners  of  the  county  in  which  it  is  desired 
to  exercise  such  power. 

The  selectmen  of  towns  and  common  council  of  the  city  have 
full  power  over  the  placing,  erection  and  maintenance  of  poles, 
wires  and  fixtures  within  their  respective  jurisdictions. 

iN'o  prescriptive  rights  to  use  or  occupy  any  building  or  lands 
for  the  support  of  wires  or  by  reason  of  the  wires  passing  over  or 
through  any  buildings  or  land,  shall  be  acquired. 

Stockholders  of  every  domestic  telegraph  or  telephone  company 
are  jointly  and  severally  liable  to  any  creditor  of  the  company  for 
payment  of  any  debt  flue  to  him  contracted  during  the  time  of  their 


Compilation  of  Statutes.  39 

holding  stock,  to  the  extent  of  25  per  cent,  of  the  amount  of  stock 
held  by  tliem,  provided  the  creditor  shall  have  first  obtained  a 
judgment  and  execution  thereon,  which  shall  be  returned  unsatis- 
fied, and  that -suit  shall  be  brought  against  such  stockholders  while 
they  continue  to  hold  stock  or  within  two  years  after  they  cease 
to  hold  it. 

Despatches  and  messages  shall  be  transmitted  in  the  order  in 
which  they  are  received,  under  penalty  of  $100  for  every  neglect. 

Every  telephone  exchange  shall,  on  application  of  any  telephone 
company,  furnish  the  latter  with  the  use  of  telephone  service  and 
connection  with  their  respective  telephone  exchanges  and  sub- 
scribers thereof  without  discrimination  between  applicant  com- 
panies as  to  such  connections,  use  of  instruments  or  charges. 

Every  uiunieipality  shall  have  the  right  to  occupy  and  use  for 
municipal  j)urposes  the  top  gain  of  every  pole  now  or  hereafter 
erected  by  any  telephone  or  telegraph  company  within  the  limits 
of  each  municipality. 

Every  foreign  telephone  company  is  prohibited  from  using 
streets  or  public  places,  until  a  special  charter  from  the  General 
Assembly,  allowing  such  use,  is  granted,  and  unless  application  is 
made  to  and  a  finding  by  the  Superior  Court,  that  public  con- 
venience and  interest  require  construction  and  operating  by  such 
corporation  of  a  telephone  system. 

IV.    TAXATION. 

The  chief  officer  of  a  telegraph  company  shall  deliver  to  the 
State  Comptroller  annually  a  statement  of  the  miles  of  wire 
owned,  leased,  controlled  or  operated,  and  shall  pay  to  the  State  a 
tax  of  25  cents  on  each  mile  of  wire  owned,  leased,  controlled  or 
operated  for  telegraphic  purposes  within  the  State,  which  sum 
shall  be  in  lieu  of  all  other  taxes  upon  its  poles,  wires  or  instru- 
ments, and  other  personal  property  used  exclusively  in  the  tele- 
graphic business,  but  real  estate  shall  be  liable  to  tax  in  the  town 
where  situated. 

The  fiscal  officer  of  a  telephone  company  shall  deliver  to  the 
State  Comptroller  a  statement  showing  the  number  of  telephone 
transmitters  used  in  the  State  and  which  were  furnished  or 
rented  by  the  corporation  to  any  person  for  telephone  purposes ; 


40  Telegraph  and  Telephone  Companies. 

the  number  of  miles  of  wire  owned,  leased  and  operated  by  the 
corporation,  and  shall  pay  to  the  State  a  tax  of  70  cents  upon  each 
and  every  such  transmitter  furnished  or  rented,  and  a  further 
tax  of  25  cents  on  every  mile  of  wire  owned,  leased,'  controlled  or 
operated  w^ithin  the  State,  and  which  the  corporation  was  entitled 
to  use  or  was  using  for  the  transmission  of  telephonic  messages, 
which  tax  is  in  lieu  of  all  taxes  upon  the  poles,  wires  and  instru- 
ments and  other  personal  property  of  the  corporation,  but  real 
estate  shall  be  liable  to  taxation  in  the  town  where  situated. 

V.  CRIMES  AND  PENALTIES. 

Property  of  telegraph  or  telephone  companies  shall  not  be 
unlawfully  or  intentionally  injured,  nor  shall  any  person  wifully 
or  recklessly  make  use  of  the  wires  or  conductors,  and  every 
person  who  shall  place  any  wires  or  structures  upon  any  highway  or 
public  ground  without  the  consent  of  the  adjoining  proprietors  or 
the  cojisent  of  two  county  commissioners,  or  who  shall  wilfully 
injure  any  tree  in  the  highway  or  public  grounds  for  any  purposes 
connected  with  the  works  or  maintenance  of  any  telegraph  or 
telephone  line  or  fixture  without  the  consent  of  the  adjoining 
proprietor,  shall  be  fined  or  imprisoned  or  both. penalties  may  be 
imposed. 

Telegraph  or  telephone  wires  shall  not  be  tapped. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

■     Iko  statutes. 

VII.  liEGISLATURE. 

The  election  for  members  of  the  General  Assembly  shall  be 
held  biennially. 


Compilation  of  Statutes.  41 


GEORGIA. 


CONSTITUTIOX. 

The  right  of  eminent  domain  shall  never  be  abridged  nor  so 
construed  as  to  prevent  the  General  Assembly  from  taking  the 
property  and  franchises  of  incorporated  companies  and  subjecting 
them  to  public  use  the  same  as  property  of  individuals.  All  cor- 
porate powers  to  telegraph  companies  shall  be  issued  and  granted  by 
the  Secretary  of  State,  and  if  the  Secretary  of  State  is  disqualified 
to  act  in  any  case,  then  in  that  event  the  Legislature  shall  provide 
by  general  laws  by  what  person  such  charters  shall  be  granted. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation.  Xo  municipality  shall  be  authorized 
to  become  a  stockholder  in  any  company,  corporation  or  associa- 
tion or  to  appropriate  money  for  or  loan  its  credit  to  any  corpo- 
ration, company,  institution  or  individual,  except  for  purely 
charitable  purposes.  The  General  Assembly  shall  have  no  power 
to  authorize  any  corporation  to  buy  shares  or  stock  in  any  other 
corporation  in  this  State,  or-  elsewhere,  or  to  make  any  contract 
or  agreement  whatever  with  any  such  corporation  which  may 
effect  or  be  intended  to  have  the  effect  to  defeat  or  lessen  compe- 
tition in  their  respective  businesses  or  to  encourage  monopoly,- 
and  all  such  contracts  and  agreements  shall  be  illegal  and  void. 

II.    CORPORATIONS. 

(a)  Foreigyi  Corporations. 

Foreign  corporations  created  by  other  states  are  recognized  only 
by  comity  so  long  as  the  same  comity  are  extended  in  their  courts 
to  corporations  created  by  this  State.  Foreign  corporations  shall 
exercise  within  the  State  only  such  corporate  powers  as  are  not 
denied  or  prohibited  to  corporations  within  the  State. 

(b)  Domestic  Corporations. 

Corporations  have  succession  during  the  time  limited  by  their 
charter.  If  the  charter  is  silent  as  to  its  continuance,  such  charter 
shall  expire  at  the  end  of  thirty  years.  !N'o  franchise  granted  by 
the  State  shall  be  held  to  be  exclusive  unless  plainly  and  expressly 


42  Telegraph  and  Telephok^e  Companies. 

so  declared  to  be  in  the  grant.  Not  less  than  five  citizens  of  the 
United  States  may  incorporate  telegraph  companies.  Its  certifi- 
cate shall  state  the  places  from  and  to  which  the  line  is  intended 
to  be  constructed  and  operated,  giving  as  nearly  as  practicable 
the  county  or  counties  as  well  as  the  city  and  municipality  on 
through  which  it  may  or  does  pass.  The  duration  of  the  company 
shall  not  exceed  fifty  years.  The  ajDplicant  shall  pay  the  State 
Treasurer  a  fee,  and  the  Secretary  of  State  shall  issue  to  the 
applicants  a  license  as  commissioners  to  receive  subscriptions  to 
the  capital  stock.  After  the  stock  shall  have  been  fully  subscribed 
the  commissioners  shall  convene  the  meeting  of  the  subscribers 
and  elect  directors.  The  commissioners  shall  make  full  report 
and  file  the  same  with  the  Secretary  of  State,  giving  a  copy  of  the 
list  of  subscribers  and  the  amount  subscribed,  and  the  names  and 
residences  of  the  directors,  and  the  Secretary  of  State  shall  then 
issue  a  certificate  of  complete  organization,  and  a  copy  shall  be 
filed  in  the  ofiice  of  the  clerk  of  the  Superior  Court  of  the  county 
in  which  shall  be  located  the  princiiial  office  of  the  corporation, 
and  upon  so  doing  the  corporation  shall  be  deemed  fully  organized, 
but  it  shall  be  completely  organized  within  two  years  after  the 
date  of  filing  written  declaration  of  intention  of  their  purpose  to 
form  such  a  corporation. 

The  comjDany  shall  have  right  and  power  to  condemn  land  or 
other  property  'for  the  construction  and  operation  of  the  line,  and 
shall  have  the  right  to  construct  and  maintain  their  j)oles  and 
fixtures  upon  and  along  the  right  of  way  of  the  several  railroad 
companies  in  the  State.  Telegraph  or  telephone  companies  char- 
tered under  the  laws  of  this  State  or  any  other  State  shall  have  the 
right  to  construct,  maintain  and  operate  lines  upon  and  along  the 
public  highways  with  the  approval  of  the  county  or  municipality 
having  charge  of  such  highways,  and  upon  making  due  com- 
pensation shall  have  the  right  to  construct  and  maintain  lines 
through  or  over  any  lands  of  the  State  and  on  and  along  the  right 
of  way,  and  bridges  of  any  railroad,  and  where  necessary  upon, 
and  private  lands  in  the  State,  and  may  exercise  the  right  of 
eminent  domain.  Xo  corp6ration  shall  have  the  benefit  of  this 
act  until  it  has  filed  with  the  Railroad  Commission  of  the  State 
of  Georgia  its  consent  that  such  commission  shall  have  jurisdic- 


Compilation  of  Statutes.  43 

tion  over  the  person,  partnership  or  corporation  for  the  purpose 
of  regulating  tolls  charged  on  long  distance  messages  oi-iginating 
and  ending  within  the  State  of  Georgia,  and  rents  or  tolls  for  the 
use  of  telephone  lines  of  said  person,  partnership  or  corporation 
in  so  far  as  the  same  are  used  for  conducting  interstate  business 
of  such  person,  partnership  or  corporation.  Actions  may  be 
maintained  against  any  telegraph  comjjany  within  the  county 
where  the  principal  office  of  the  company  is  located,  or  in  any 
county  where  such  company  may  have  an  agency  or  place  of  busi- 
ness or  where  such  place  of  business  so  located  at  the  time  the 
cause  of  action  was  created  or  the  contract  was  made,  and  service 
of  process  is  effective  when  made  upon  the  agent  of  the  company 
in  the  county. 

The  jurisdiction  granted  to  the  Railroad  Commissioners  over 
telegraph  companies  are  in  force  against  telephone  companies 
doing  business  in  the  State  whose  lines  are  wholly  or  in  part  in 
the  State.  The  Railroad  Commissioners  having  the  right  to 
make  just  and  reasonable  rules  and  regulations  as  to  charges 
to  be  made  by  the  railroad  companies  for  the  necessary  handling 
and  delivery  of  freight  and  for  the  transportation  of  passen- 
gers and  freight,  and  if  the  railroad  company  shall  receive 
more  than  such  fair  and  reasonable  rate,  it  shall  be  guilty  of  ex- 
tortion. Telegraph  companies  shall  be  under  the  control  of  the 
Railroad  Commissioners,  who  shall  have  full  power  to  regulate  the 
prices  to  be  charged  by  any  company  for  any  service  performed, 
and  all  the  powers  given  to  the  Commissioners  and  all  penalties 
prescribed  against  railroad  companies  are  declared  to  be  in  force 
against  corporations  owning  and  operating  telegraph  lines  doing 
business  within  the  State  whose  lines  may  be  wholly  or  in  part  in 
the  State  so  far  as  the  prices  can  be  made  applicable  to  any  cor- 
porations owning  or  controlling  or  operating  a  line  of  telegraph. 
The  commissioners  have  power  and  authority  to  require  the  com- 
panies to  locate  agencies  at  railroad  stations.  The  power  of  the 
commissioners  to  regulate  the  charges  shall  apply  only  to  messages 
sent  by  telegraph  from  one  point  to  another  within  the  State. 

The  Railroad  Commissioners  have  power  to  make  reasonable 
and  just  rates  on  freight  and  passenger  tariffs  to  be  observed  by 
all    railroad    companies   doing  business   in   the   State;    and    shall 


44  Telegraph  and  Telephone  Companies. 

make  just  and  reasonable  rules  and  regulations  for  the  prevention 
of  unjust  charges  in  the  transportation  of  freight  and  passengers 
and  have  power  to  make  just  and  reasonable  joint  rules  for  all 
operation  of  railroads  doing  business  in  the  State. 

The  commissioners  shall  give  notice  of  the  contemplated  joint 
rate  and  give  hearings  to  roads  desiring  to  object. 

The  commissioners  shall  make  reasonable  and  just  rates  of 
charge  for  use  of  railroad  cars  carrying  any  and  all  kinds  of 
freight  no  matter  by  whom  owned  or  carried,  and  shall  make  rules 
and  regulations  to  prevent  the  giving  or  paying  of  any  rebate  and 
for  misleading  or  deceiving  the  public  as  to  the  real  rates  charged. 
The  commissioners  shall  have  power  to  require  the  location  of 
depots  and  the  establishment  of  freight  and  passenger  buildings. 
The  commissioners  shall  make  a  schedule  of  the  rates  to  be  charged 
and  may  from  time  to  time  change  and  revise  these  schedules,  and 
upon  revision  the  same  to  be  published,  and  the  railroad  com- 
panies shall  post  at  all  of  their  stations  a  copy  of  the  schedule. 

The  commissioners  shall  investigate  the  books  and  papers  of  all 
railroad  companies  doing  business  in  the  State  to  ascertain  if  the 
rules  and  regulations  have  been  complied  with,  and  to  make  per- 
sonal inspection  of  offices,  stations  and  places  of  business  for  the 
purpose  of  examination,  and  to  make  rules  and  regulations  con- 
cerning such  examination  and  shall  have  full  power  and  authority 
to  examine  all  agents  and  employees  in  order  to  obtain  necessary 
information  to  make  just  and  reasonable  rates. 

All  contracts  between  railroad  companies  doing  business  in  the 
State  as  to  rates  shall  be  submitted  to  the  commissioners  for  in- 
spection and  correction  and  all  arrangements  and  agreements  as 
to  division  of  earnings  of  competing  railroad  companies  shall  be 
submitted  to  the  commissioners. 

The  commissioners  are  required  to  cause  a  railroad  to  be  put  in 
safe  condition  and  require  it  to  be  kept  in  such  condition  as  will 
render  traveling  over  the  same  safe  and  expeditious. 

If  a  railroad  company  shall  be  guilty  of  a  violation  of  a  rule  or 
regulation,  and  if,  after  due  notice  of  such  violation,  ample  and 
full  recompense  for  the  wrong  or  injury  done  thereby,  as  may  be 
directed  by  the  commissioners,  shall  not  be  made  within  thirty 
days  after  the  time  of  such  notice,  the  company  shall  incur  a  pen- 


Compilation- OF  Statutes.  45 

alty  for  each  offense  of  not  less  than  $1,000  or  more  than  $5,000, 
and  an  action  for  the  recovery  of  such  penalty  shall  be  had  in  any 
county  of  the  State  where  such  violation  has  occurred.  The  com- 
mission shall  institute  such  action  through  the  Attorney-General 
or  such  attorney  as  the  commissioners  may  appoint  and  the  action 
shall  be  held  in  the  name  of  the  State,  and  such  action  after  in- 
ception can  be  settled  only  upon  the  consent  of  the  commissioners. 

V.    TAXATIOX. 

A  tax  is  levied  on  the  president  or  chief  officer  of  each  telegraph 
and  telephone  company  of  $10 ;  also  an  annual  license  tax  or 
occupation  tax  based  upon  the  capital  stock  of  the  company  payable 
in  the  county  where  its  principal  business  is  located.  A  license  tax 
is  levied  on  agents  of  foreign  corporations  based  upon  the  capital- 
ization of  the  company. 

Telegraph  or  telephone  companies,  through  their  president  or 
agent,  shall  make  return  of  all  property  to  the  Comptroller-Gen- 
eral. 

If  the  revenue  derived  from  the  ad  valorem  tax  from  telegraph 
or  telephone  company,  together  with  all  taxes  on  the  franchises 
does  not  amount  to  214  pei"  cent,  of  the  gi'oss  receipts  of  the  com- 
pany as  shown  by  the  companies'  reports  to  Comptroller- 
General,  then  the  Comptroller-General  is  required  to  collect  as  a 
occupation  tax  from  said  company  upon  such  gross  receipts  as  will 
when  added  to  the  ad  valorem  tax  including  all  taxes  on  franchises 
equal  to  21/0  per  cent,  upon  said  gross  receipts.  Companies  doing 
business  shall  make  a  quarterly  return  showing  the  full  amount 
of  its  gross  receipts.  The  gross  receipts  shall  be  construed  to  mean 
the  full  amount  of  all  money  received,  of  all  business  done  within 
the  State. 

In  returning  property  for  taxes  all  property  shall  be  returned 
at  its  value. 

A  franchise  tax  is  levied  upon  the  rights  and  privileges  exer- 
cised within  the  State  granted  to  any  person  or  corporation  by 
the  State  or  by  any  county  or  county  officer  or  municipal  corpora- 
tions for  the  exercise  of  the  power  of  eminent  domain  or  for  the 
use  of  any  public  high-way  or  street  and  every  special  right  exer- 
cised within  the  State  granted  by  charter,  resolution,  statute  or 


46  Telegraph  and  Telephone  Companies. 

otherwise ;  whether  under  the  laws  of  this  or  another  State  for  the 
exercise  of  any  public  service,  such  as  the  construction  and  oper- 
ation of  any  telephone  or  telegraph  plant  and  for  every  other  like 
special  function  dependent  upon  the  grant  of  public  powers  or 
franchises  not  allowed  by  law  to  natural  persons  or  involving  the 
performance  of  any  public  service  not  including  the  mere  right 
to  be  a  corporation  by  trading  or  manufacturing,  or  other  cor- 
poration exercising  no  franchise  above  enumerated. 

Annually  each  person  or  corporation  holding  or  exercising  any 
special  franchise  shall  make  a  sj)ecial  return  stating  the  value  of 
the  franchise  as  exercised  within  the  State  and  describing  the 
same,  accompanying  it  with  a  certified  copy  of  every  statute,  ordi- 
nance, resolution,  or  grant  by  which  such  franchise  is  held  or 
owned.  Special  return  shall  be  made  to  the  Comptroller-General 
and  in  the  case  of  telegraph  or  telephone  lines  the  return  shall 
show  the  number  of  miles  for  each  such  franchise  for  telegTaph 
or  telephone  as  are  exercised  in  each  county  and  in  each 
municipality. 

The  valuation  for  taxes  of  such  franchises  shall  be  apportioned 
to  each  county  and  municipality  as  the  apportionment  is  made 
on  the  personal  property  of  a  railroad  company  and  the  Comp- 
troller-General shall  certify  to  each  municipality  and  the  tax 
authorities  of  every  county  the  name  of  every  special  franchise 
taxable  within  such  municipality  or  county  and  the  amount  of 
taxes  due  on  the  same, 

V.  CRIMES    AND    PENALTIES. 

Any  person  wilfully  or  maliciously  cutting  down,  injuring  or 
destroying  trees  or  destroying  wires,  poles  or  fixtures  of  a  telegraph 
company  shall  be  guilty  of  a  misdemeanor. 

Paved  or  macadamized  roads  of  the  State  shall  not  be  taken 
up  or  injured  except  with  the  consent  of  the  county  commissioners. 
Public  roads  shall  not  be  injured  or  excavated  except  in  the  ordi- 
nary use  or  repair  thereof  without  first  obtaining  the  consent  of 
the  county  commissioners. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

All  arrangements,  contracts,  agreements,  trusts  or  combines 
between  persons  or  corporations  made  with  a  view  to  lessen  or 


Compilation  of  Statutes,  47 

whieli  tend  to  lessen  full  and  free  competition  in  the  importation 
or  sale  of  articles  imported  into  this  State  or  in  the  manufacture 
or  sale  of  articles  of  domestic  growth  or  of  domestic  raw  material 
and  arrangements,  contracts,  agreements,  trusts  or  combines  be- 
tween persons  or  corporations  designated  or  which  tend  to  ad- 
vance, reduce  or  control  the  price  or  cost  to  the  producer  or  con- 
sumer of  any  such  articles  are  declared  to  be  against  public  policy 
and  unlawful  and  void. 

Any  corporation  chartered  under  the  laws  of  this  State  which 
shall  violate  any  of  these  provisions  shall  forfeit  its  charter  and 
its  franchise,  and  its  corporate  existence  shall  thereupon  cease. 
Every  foreign  corporation  which  shall  violate  any  of  the  provisions 
of  this  act  is  denied  the  right  to  do  and  prohibited  from  doing 
business  in  the  State. 

Any  person  .who  violates  this  act  as  an  agent  or  manager  or 
director,  is  punishable  by  a  tine  of  not  less  than  $100  or  more 
than  $5,000,  or  imprisonment  for  not  less  than  one  year  or  more 
than  ten  years  or  both.  Any  person  or  corporation  that  may  be 
injured  or  damaged  by  any  such  arrangement,  trust  or  combination 
may  sue  for  and  recover  in  any  court,  of  any  person  or  corpora- 
tion operating  such  trust  or  combination,  the  full  consideration 
or  sum  paid  by  him  or  others  for  any  goods,  wares,  merchandise 
or  articles,  the  sale  of  which  is  controlled  by  such  company  or 
trust. 

VII.    LEGISIiATURE. 

The  General  Assembly  of  the  State  of  Georgia  meet  annually. 


48  Telegraph  and  Telephone  Companies. 


DELAWARE. 


I.  CONSTITUTION. 

1^0  corporation  shall  be  created,  amended,  renewed  or  revived 
by  special  act,  but  only  by  or  under  general  law. 

Shares  of  the  capital  stock  of  corporations  created  under  the 
laws  of  the  State  when  owned  by  persons  or  corporations  without 
the  State,  shall  not  be  subject  to  taxation  by  any  law  now  existing, 
or  hereafter  to  be  made. 

]Sro  municipality  shall  lend  its  credit  or  appropriate  money  to  or 
assume  the  debt  or  become  a  charter  holder,  joint  owner  in  or  for, 
any  private  corporation  of  any  person  or  company. 

'No  man's  property  shall  be  taken  or  applied  to  public  use  with- 
out the  consent  of  his  representatives  and  without  compensation. 

II.  CORPORATIONS. 

(b)   Domestic  Corporations. 

Domestic  corporations  can  be  formed  by  not  less  than  three 
persons. 

Corporations  for  constructing  and  operating  telegraph  or  tele- 
phone lines  outside  the  State  may  be  formed  under  the  general 
provisions  of  the  statutes. 

Certificate  to  be  filed  with  the  Secretary  of  State  and  a  certifi- 
cate can  be  recorded  in  the  ofiice  of  the  recorder  of  deeds  of  the 
county  where  the  principal  ofiice  is  located. 

Business  of  the  cor]3oration  to  be  managed  hj  the  directors,  but 
an  executive  committee  of  two  or  more  may  be  appointed. 

Capital  stock  may  be  increased  or  reduced. 

Dividends  must  be  declared  only  from  net  profits. 

Any  director  or  officer  knowingly  causing  false  statement  or 
report  of  condition  or  business  of  the  corporation  to  be  published 
or  assenting  thereto  are  jointly  and  severally  and  individually 
liable  for  any  loss  or  damage  resulting. 

Any  two  or  more  corporations  organized  for  the  purpose  of 
carrying  on  any  business  may  consolidate  into  a  single  corporation. 


Compilation  of  Statutes.  49 

A  foreign  corporation  must  file  copy  of  charter  and  name  of  its 
agent  with  statement  of  its  assets  and  liabilities  with  the  Secretary 
of  State. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

In  addition  to  the  general  powers  these  companies  shall  have 
authority  to  occupy  and  use  the  public  streets,  roads,  turnpikes 
and  waterways  within  the  State  or  elsewhere  if  they  shall  extend 
their  lines  for  the  erection  of  poles,  wires  or  underground  con- 
duits, portions  of  which  they  may  lease  or  hire,  to  other  com- 
panies, provided  before  entering  upon  any  such  street,  avenue  or 
waterways  consent  of  the  parties  having  jurisdiction  thereof  shall 
have  first  been  obtained,  and  the  same  shall  have  been  occupied 
under  such  rules  and  regulations  as  shall  have  been  prescribed  by 
any  such  authorities,  and  any  surface  disturbed  shall  be  restored 
to  original  condition,  and  that  poles  shall  be  located  so  as  in  no 
way  to  interfere  with  the  conveniences  or  safety  of  persons  travel- 
ing, and  that  all  wires  shall  be  placed  at  the  height  of  not  less 
than  twenty  feet  above  crossings  or  twenty-three  feet  above  rail- 
road crossings,  and  no  poles  shall  be  erected  upon  the  property  of 
any  person  without  first  obtaining  his  written  consent. 

Any  telegraph  or  telephone  corporation  of  the  State  may  be 
lawfully  consolidated  with  any  other  like  company  incorporated 
under  the  laws  of  the  State  of  any  other  State  whose  lines  within 
or  without  the  State  shall  connect  or  form  a  continuous  line  with 
the  line  of  the  company  consolidated. 

IV.  TAXATION. 

Telegraph  or  telephone  companies  shall  be  subject  to  annual 
tax  of  60  cents  per  mile  for  the  longest  wire  within  the  State ; 
a  tax  of  30  cents  per  mile  for  the  next  longest  wire  per  mile  and 
20  for  each  other  wire  oAvned,  maintained  and  operated. 

Each  company  shall  annually  furnish  the  State  Treasurer  with 
a  statement  in  writing  under  oath  showing  the  number  of  miles 
of  wire  owned  or  maintained  or  operated  within  the  State  and 
designate  the  length  and  location  of  the  longest  and  next  longest 
wires  of  each,  and  in  case  of  the  refusal  or  neglect  to  make  such 
4 


50  Telegraph  akd  Telephone  Companies. 

statement  the  State  Treasurer  shall  make  an  assessment  of  the 
foregoing  tax  upon  the  best  information  he  can  obtain,  and  at  a 
penalty  of  25  per  cent.,  and  the  estimate  made  by  the  State 
Treasurer  shall  be  final  and  conclusive  upon  the  party  in  default. 

Upon  failure  to  pay  this  tax  the  State  Treasurer  is  authorized 
to  distrain  upon  any  personal  property  and  sell  the  same  on  ten 
days'  notice.  Each  telegraph,  telephone  cable  or  express  company 
not  owned  by  the  railroad  and  not  otherwise  taxed  shall  state  the 
gross  amount  of  its  receipts  from  business  done  in  the  State  for 
the  year  preceding  the  report. 

Each  telegraph  or  telephone  company  shall  pay  to  the  State 
treasurer  an  annual  license  fee  or  franchise  tax  at  the  rate  of  1 
per  centum  upon  the  gross  amounts  of  its  receipts. 

An  action  at  law  may  be  maintained  to  collect  after  this  tax 
has  been  determined  and  in  arrears  for  one  month  and  such  tax 
shall  also  be  a  preferred  debt  in  ease  of  insolvency. 

If  any  corporation  for  two  consecutive  years  neglects  or  refuses 
to  pay  any  tax  w^hich  it  is  required  to  pay  under  any  law  of  the 
State  and  made  payable  into  the  State  treasury  its  charter  shall 
be  void  unless  the  Governor  shall  for  good  cause  shown  give  more 
time  for  the  payment  of  the  taxes. 

When,  by  the  laws  of  any  other  State,  any  other  or  greater  tax, 
fine,  license,  fee  or  other  obligations  are  imposed  upon  corpora- 
tions of  this  State  doing  business  in  such  other  State  or  upon  their 
agents  therein  than  the  laws  of  this  State  impose  upon  their  cor- 
porations or  agents  doing  business  in  this  State,  so  long  as  such 
laws  continue  in  force  in  such  foreign  State  the  same  taxes, 
fines,  penalties,  licenses  and  fees  of  whatever  kind  shall  be 
imposed  upon  all  corporations  of  such  other  State  doing  business 
within  this  State,  and  upon  their  agents  here. 

V.    CRIMES  AND  PENALTIES. 

Any  person  wilfully  injuring  any  pole,  or  breaking  or  displac- 
ing any  wire  of  any  telegraph  company,  thereby  obstructing  com- 
munication, shall  forfeit  and  pay  the  company  or  any  one  who  will 
sue  for  the  same  $25  for  the  first  offense  and  $50  for  any  subse- 
quent offense. 

Telegraph  wires  shall  be  attached  to  the  poles  at  least  twelve 
feet  above  the  ground  except  where  they  enter  the  house ;  penalty 


COMPILATIOX    OF    STATUTES.  51 

for  violation  of  this,  by  any  agent  of  the  company,  is  the  payment 
of  $20  to  any  person  who  will  sue  for  the  same. 

Any  telephone  company  injuring  or  destroying  trees  in  any 
manner,  without  the  consent  of  proper  ]>orson  or  authority,  shall 
forfeit  $10  for  each  tree  injured  or  destroyed,  to  be  recovered  as  a 
fine. 

If  any  person  shall  procure  the  services  of  any  telephone  upon 
any  niisreprescntation  or  false  pretense  he  shall  be  guilty  of  a 
misdemeanor. 

VI.  LIMITATIONS  OF  TRADE  AXD  COM3IERCE. 

No  statutes. 

VII.  liEGISIiATURE. 

The  General  Assembly  shall  meet  and  sit  biennially. 


52  Telegeaph  axd  Telephone  Companies. 


DISTRICT   OF   COLUMBIA. 


Three  or  more  persons  may  form,  a  corporation,  and  shall  make 
and  file  a  certificate  in  the  office  of  the  recorder  of  deeds,  setting 
forth  its  name,  object,  term,  capital  stock,  number  of  shares,  name 
and  number  of  trustees,  and  the  j)lace  within  the  district  in 
which  the  operations  of  the  company  are  to  be  carried  on. 

Telegraph  and  telephone  wires  shall  be  removed  from  the  air 
and  wires  can  be  placed  underground,  except  such  poles  and  wires- 
as  the  commissioners  of  the  district  may  permit  to  remain  for  the 
purpose  of  distributing  wires  for  house  connections. 

It  shall  be  unlawful  for  any  person  or  telephone  company  doing 
business  in  the  District  of  Columbia  to  charge  or  receive  more  than 
$50  per  annum  for  the  use  of  a  telephone  on  a  separate  wire ;  $40 
for  each  telephone,  there  being  not  more  than  two  on  a  wire ;  $30 
for  each  telephone,  there  being  not  more  than  three  on  a  wire,  and 
$25  for  each  telephone,  there  being  four  or  more  on  the  same  wire. 

All  telephone  Companies  shall  make  affidavit  to  the  Board  of 
Personal  Tax  Appraisers  as  to  the  amount  of  its  gross  earnings 
for  the  preceding  year  and  shall  pay  to  the  collector  of  taxes  4  per 
cent.,  and  in  addition  thereto,  the  real  estate  owned  by  each  tele- 
phone company  shall  be  taxed  as  other  real  estate  in  the  District. 


COMPILATIOX    OF    STATUTES. 


FLORIDA. 


I.  CONSTITUTION. 

The  Legislature  is  invested  witli  full  power  to  pass  laws  for  the 
correction  of  abuses  and  to  prevent  unjust  discrimination  and 
excessive  charges  of  persons  and  corporations  engaged  as  com- 
mon carriers  in  transporting  persons  and  property  or  performing 
other  services  of  a  public  nature. 

No  private  property  or  right  of  way  shall  be  appropriated  to 
the  use  of  any  corporation  or  individual  until  full  compensation 
shall  be  first  made  to  the  owner,  or  secured  to  him  by  deposit  of 
money. 

The  Legislature  shall  not  authorize  any  municipality  to  become 
a  stockholder  in  any  company  or  to  obtain  or  appropriate  money 
for  or  loan  its  credit  to  any  corporation,  association,  institution 
or  individual. 

II.  CORPORATIONS. 

(a)  Domestic  Corporations. 

Domestic  corporations  may  be  formed  by  three  or  more  persons. 

Proposed  charter  with  notice  of  intention  to  apply  to  the  Gov- 
ernor for  letters  patent  therein  shall  be  published  for  four  weeks 
in  a  newspaper  published  in  the  county  where  its  place  of  business 
is  to  be  located  and  the  proposed  charter  shall  be  on  file  in  the 
Secretary  of  State's  office  during  that  four  weeks.  The  charter 
with  proof  of  publication  shall  be  produced  to  the  Governor  who 
shall  examine  it  and  if  in  proper  form  and  for  a  lawful  object  shall 
issue  letters  patent.  The  letters  patent  with  a  certified  copy  of 
the  charter  shall  be  recorded  in  the  office  of  the  clerk  of  the  Circuit 
Court  wherein  the  principal  place  of  business  is  located  and  there 
shall  also  be  filed  with  the  Secretary  of  State  and  with  that  clerk 
a  duplicate  affidavit  when  10  per  cent,  of  its  capital  stock  has  been 
subscribed  and  paid ;  otherwise  such  corporation  shall  transact 
no  business  and  if  it  does  without  complying  with  these  require- 
ments, its  stockholders  shall  be  personally  liable  for  all  corpora- 
tion  debts   as  if  they  were   members  of  a  general  partnership. 


54  Telegkaph  akd  Telephone  Companies. 

The  treasurer  shall  annually  make  return  to  the  State  Comptroller 
giving  the  name  and  residence  of  each  stockholder  with  the  number 
of  shares  belonging  to  him  with  the  par  and  cash  market  value  of 
such  shares  and  shall  state  the  whole  amount  of  capital  stock  and 
the  amount  actually  paid  in,  the  real  estate  subject  to  assessment 
for  taxes  and  the  personal  estate.  If  funds  or  property  are  diverted 
to  purposes  or  objects  other  than  those  named  in  the  charter  or  the 
payment  of  dividends  leaving  insufficient  funds  to  meet  outstand- 
ing liabilities,  such  diversions  shall  work  a  forfeiture  of  charter. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

The  word  telegraph  shall  include  telephone  or  any  other  method 
of  transmitting  messages  by  means  of  electric  apparatus.  Pro- 
posed charter  shall  also  state  the  place  from  which  and  to  which 
the  line  is  to  be  constructed,  maintained  and  operated.  Its  length 
and  the  name  of  each  county  in  the  State  through  or  into  which 
it  is  made  or  intended  to  be  made. 

Capital  stock  of  a  telegraph  company  shall  be  divided  into 
shares  of  not  less  than  $10  each.  Permission  to  occupy  the  streets 
of  an  incorporated  city  or  town  must  be  iirst  obtained  from  the 
city  or  town  council. 

Poles,  wires  and  fixtures  may  be  erected  beside  any  public  road 
or  highway,  but  shall  not  be  set  so  as  to  interfere  with  the  common 
uses  of  such  State  road.  Any  such  company  shall  have  the  right 
to  erect  its  poles,  wires  and  fixtures  along  any  of  the  railroads  or 
other  public  highways  of  the  State,  but  so  as  not  to  obstruct  or  to 
interfere  with  the  operation  thereof. 

It  shall  not  be  lawful  for  any  telegraph,  cable  or  any  com- 
pany transmitting  telegraph  messages  in  the  State  of  Florida 
to  charge  and  collect  more  than  four  cents  per  word  for  the 
first  ten  words,  exclusive  of  the  date,  address  and  signature 
of  any  message  transmitted  over  any  ocean  or  cable  tele- 
graph line  a  distance  of  100  miles,  and  two  cents  per  word 
for  every  additional  word  for  the  same  number  of  miles  within 
the  State  of  Florida  and  proportionate  rates  for  any  greater 
or  less  number  of  miles  that  any  message  is  transmitted. 
They  shall  also  not  charge  more  than  two  cents  per  word  for 
the  first  ten  words  of  any  message  transmitted  over  any  telegraph 


CoMPILATIo^'  OF  Statutes.  55 

line  within  the  State  for  the  first  100  miles  and  one  cent  per  word 
for  every  additional  word  of  any  message  for  the  same  number  of 
miles  within  the  State  of  Florida  and  proportionate  rates  for  a 
greater  or  less  number  of  miles  that  any  message  is  transmitted. 
Any  officer  or  agent  who  charges  greater  tolls  than  the  above  shall 
be  punished  by  imprisonment  not  exceeding  six  months,  or  a  fine 
not  exceeding  $1,000.  When  any  company  shall  have  received 
from  any  municipal  corporation  any  franchise  or  privilege  for 
placing  and  maintaining  wires  and  poles  and  shall  violate  any 
of  the  conditions  of  such  franchise  or  privilege  or  shall  fail  to 
comply  with  any  reasonable  provision  of  any  ordinance  of  such 
municipal  corporation  regulating  the  use  by  the  company  of  the 
streets,  and  shall  continue  to  violate  the  same  for  a  period  of  five 
days  after  being  notified  by  the  mayor  or  chairman  of  the  board 
of  public  works  of  such  municipality  to  desist  from  such  viola- 
tion, then  the  company  shall  be  deemed  to  have  forfeited  and 
annuled  and  shall  thereby  forfeit  and  annul  all  the  franchises 
and  privileges.  !No  municipality  shall  grant  any  franchise  or  right 
to  use  any  street  for  the  purpose  of  operating  along  the  same  any 
telephone  or  other  business,  requiring  the  use  of  mains,  pipes  or 
wires  in  any  street  for  a  period  exceeding  thirty  years  or  with- 
out reserving  the  right  and  requiring  the  grantee  of  such  franchise 
as  a  condition  precedent  to  the  taking  effect  of  the  grant  or  fran- 
chise, to  give  to  the  municipality  the  right  at  and  after  the  expira- 
tion of  such  term  to  purchase  the  j^lant  or  other  property  used 
imder  or  in  connection  with  such  franchise  or  right,  or  such  part 
of  such  property  as  the  municipality  may  desire  to  purchase  at  a 
valuation  of  the  property,  real  and  personal,  fixed  by  arbitration, 
as  may  be  provided  by  law. 

Telegraph  or  telephone  companies  shall  have  the  right  to  con- 
struct and  maintain  lines  along  and  upon  the  right  of  way  on 
any  railroad  and  to  that  end  are  granted  all  powers  for  the  exercise 
of  the  right  of  eminent  domain,  provided  the  ordinary  travel  or 
use  of  the  railroad  are  not  interfered  with. 

By  proceedings  taken,  the  telegraph  or  telephone  company  shall 
obtain  only  an  easement  in  and  over  the  railroad  right  of  way. 

Liens  shall  exist  in  favor  of  any  person  who  shall  furnish  any 
building  material  or  perform  by  himself  or  by  means  of  others 


56  Telegraph  akd  Telephone  Companies. 

any  labor  upon  any  telegraph  or  telephone  line  whether  in  con- 
struction, repair  or  operation,  upon  such  line,  and  any  and  all 
franchises,  machinery  and  equipments  therewith  or  thereon,  and 
upon  the  land  upon  which  they  stand. 

Any  rights  obtained  by  a  petitioner  under  eminent  domain 
shall  be  the  right  only  to  use  the  property  taken  for  the  purpose 
specified  and  shall  be  held  to  create  an  easement  only  and  not  a 
fee  simple  in  the  property  taken. 

rv.    TAXATION. 

All  companies  furnishing  telephones  to  users  which  company 
has  a  capital  stock  of  $250,000  shall  pay  a  license  tax  of  $150, 
and  the  taxes  are  graded  down  in  proportion  to  the  capital  stock  of 
the  corporation. 

All  telegraph  companies  shall,  on  October  1st  in  every  year,  pay 
a  license  tax  of  $500  and  no  further  license  tax  shall  be  required 
by  any  county  or  municipality.  Each  license  shall  be  issued  for 
no  longer  than  one  year.  The  board  of  county  commissioners 
equalize  the  assessments  of  real  estate  in  their  respective  counties 
and  may  raise  or  lower  the  value  fixed  by  the  county  assessor. 
Every  telegTaph  line  and  its  property  rights  and  franchises  of  every 
kind  shall  be  returned  and  assessed  in  the  same  manner  as  j^rovided 
for  the  assessment  of  railroads.  The  president  or  superintendent 
of  any  railroad  shall  make  return  to  the  Comptroller  of  the  State 
under  oath,  annually,  of  the  total  length  of  the  railroad,  and  the 
length  and  valuation  of  the  main  track,  branches  and  switches 
and  terminal  facilities  and  the  total  length  and  valuation  thereof 
in. each  city,  county  and  town  and  their  equipment.  The  State 
Comptroller  shall  notify  the  assessor  of  each  county  through  which 
the  railroad  runs  of  the  number  of  miles  of  track  and  the  value 
thereof  and  the  proportionate  value  of  personal  property  taxable 
in  their  respective  counties  and  shall  notify  each  incorporated 
city  and  town  in  which  each  said  railroad  runs  of  the  mileage  and 
apportionment  of  rolling  stock  and  other  property  of  the  railroad 
within  such  city  or  town. 

V.    CRIMES  AND  PENALTIES. 

Wilful  entry  upon  enclosed  lands  and  premises  is  punishable 
by  imprisonment  or  fine.     Cutting  or  destroying  timber  or  wood, 


GOMPILATIOX    OF    STATUTES.  57 

staiiding  or  growing,  shall  be  punished,  as  if  the  person  so 
committing  that  trespass  had  stolen  personal  property  of  the  same 
value. 

Whoever  wilfully  destroys  or  damages  any  telegraph  poles, 
wires  or  fixtures  shall  be  fined  not  exceeding  $1,000,  or  imprison- 
ment not  exceeding  twelve  months.  Any  employee  of  a  telegraph 
company  who  discloses  any  message  shall  be  punished  by  imprison- 
ment not  exceeding  six  months  or  by  fine  not  exceeding  $500.  The 
penalty  for  disclosing  contents  of  telephone  message  is  punish- 
ment by  fine  not  exceeding  $100  or  imprisonment  not  exceeding 
thirty  days. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Xo  statutes. 

VII.  LEGISLATURE. 

The  Legislature  shall  hold  its  regular  sessions  biennially. 


58  Telegbaph  and  Telephone  Companies. 


IDAHO. 


I.  CONSTITUTION. 

No  charter  of  incorporation  shall  be  granted,  extended,  changed 
or  amended  by  special  law  except  for  such  municipal,  charitable, 
educational,  penal  or  reformatory  corporations  as  are  or  may  be 
under  the  control  of  the  State. 

The  right  of  eminent  domain  shall  never  be  abridged  or  so 
construed  as  to  prevent  the  Legislature  from  taking  the  property 
and  franchises  of  incorporated  companies  and  subjecting  them  to 
public  use  the  same  as  property  of  individuals.  The  right  to  con- 
struct and  maintain  telephone  lines  is  granted  and  the  Legislature 
shall  provide  reasonable  regulations  to  give  effect  to  this  section. 

If  any  domestic  corporation  shall  consolidate  with  any  foreign 
corporation  it  shall  not  thereby  become  a  foreign  corporation. 

Private  property  may  be  taken  for  public  use,  but  not  until  just 
compensation  shall  be  paid  therefor.  'No  municipal  corporation  by 
vote  of  its  citizens  or  otherwise  shall  ever  become  a  stockholder  in 
any  joint  stock  corporation  or  association  or  raise  money  for  or 
make  donation,  or  loan  its  credit  to  or  in  aid  of  any  such  company 
or  association. 

II.  CORPORATIONS. 

(a)   Domestic  Corporations. 

Domestic  corporations  may  be  formed  by  five  or  more  persons 
whose  articles  of  incorporation  shall  be  filed  with  the  Secretary 
of  State  and  with  the  county  recorder  of  the  county  where  the 
principal  business  office  is  situated. 

Telegraph  or  telephone  companies  must  state  in  their  requests 
for  incorporation  the  kind  of  telegraph  or  telephone  intended 
to  be  constructed,  the  place  from  and  to  which  it  is  intended  to  be 
run  and  all  the  intermediate  branches,  the  estimated  length  of  the 
line,  at  least  one  member  of  the  board  of  directors  shall  be  resident 
of  the  State,  and  all  meetings  of  the  board  of  directors  may  be 
held  at  its  principal  office  in  the  State  or  without  the  State  for  the 
prosecution  of  any  business  as  the  directors  may  by  resolution  or 
by  laws  provide. 


COMPILATIOX    OF    STATUTES.  59 

Each  intended  telegraph  corporation  must  actually  subscribe  to 
its  capital  stock  $100  per  mile  of  line  of  its  contemplated  work 
before  filing  its  articles  of  incorporation. 

1^0  corporation  shall  purchase  or  hold  property  in  any  county 
"without  filing  a  certified  copy  of  its  articles  of  incorporation  in 
the  office  of  the  county  recorder  of  the  county  in  which  such  prop- 
erty is  located  within  sixty  days  after  such  purchase  or  location. 
The  articles  of  incorporation  of  any  telegraph  or  telephone  organ- 
ization may  fix  the  number  of  members  who  shall  constitute  a 
quorum  and  who  shall  have  all  the  powers  of  the  full  board. 

If  a  corporation  does  not  organize  and  commence  the  transaction 
of  its  business  or  the  construction  of  its  works  within  one  year  from 
the  date  of  its  incorporation  its  corporate  powers  cease.  Ko  corpo- 
ration must  acquire  or  hold  any  more  real  property  than  may  be 
reasonably  necessary  for  the  transaction  of  its  business  or  the 
construction  of  its  works  except  such  right  of  way  or  other  prop- 
erty as  it  may  acquire  under  the  laws  of  Congress  or  as  may 
be  otherwise  specially  provided. 

Franchise  of  a  corporation  authorized  to  receive  tolls  and  all 
the  rights  and  privileges  thereunder  may  be  levied  and  sold  under 
execution,  and  the  purchaser  of  said  franchise  may  conduct  the 
business  until  its  redemption  which  may  be  done  within  one  year 
after   sale. 

(b)   Foreign  G orporations. 

Foreign  corporations  must  file  with  the  county  recorder  of  the 
county  in  which  its  principal  place  of  business  is  located  a  copy 
of  the  articles  of  incorporation  and  a  copy  of  such  articles  duly 
certified  by  said  recorder  shall  be  filed  with  the  Secretary  of  State 
and  must,  within  three  months  from  the  time  of  the  commencement 
of  business,  designate  a  person  upon  whom  process  may  be  served 
and  no  contract  or  agreement  can  be  enforced  prior  to  the  making 
of  such  filings  nor  can  the  corporation  hold  title  to  any  real  prop- 
erty prior  thereto  and  conveyances  prior  thereto  shall  be  void,  and 
prior  to  the  making  of  such  filings  any  agent  or  officer  who  makes 
a  contract  or  agreement  shall  be  personally  liable  for  all  such  con- 
tracts as  principal  directors. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Telegraph  and  telephone  corporations  may  construct  lines  along 
and  upon  the  public  highways  and  along  or  across  waters  or  lands' 


60  Telegraph  a^'u  Telephone  Companies. 

within  the  State  and  erect  poles  and  wires  and  other  fixtures  in 
such  manner  as  to  not  incommode  the  public  use  of  the  highways 
or  interrupt  navigation. 

Any  person  who  destroys  or  injures  through  negligence  any 
fixtui'e  of  such  comj^any  is  liable  to  the  corporation  for  all  damages 
sustained  thereby,  and  any  person  who  wilfully  does  such  injury 
to  the  property  of  such  company  is  liable  to  the  corporation  for 
$100  in  addition  to  the  amount  of  the  actual  damage  sustained 
thereby. 

Any  telegrajDh  or  telephone  company  may  at  any  time  with  the 
consent  of  the  persons  holding  two-thirds  of  the  issued  stock  of  the 
corporation  sell,  lease,  assign,  transfer  or  convey  any  rights,  privi- 
leges, franchises  or  property  of  the  corporation  except  its  corporate 
franchise. 

Any  summons  or  order  in  any  civil  action  may  be  transmitted 
by  telegraph  for  service  in  any  place  and  the  telegraphic  copy 
may  be  served  or  executed  by  the  officer  and  return  made  thereon 
with  the  same  force  and  effect  as  the  original  might  be  if  delivered 
to  him. 

A  warrant  of  arrest,  provided  the  same  is  endorsed  by  a  justice 
of  the  Supreme  Court  or  probate  judge,  may  be  served  by  tele- 
graph. 

Every  officer  causing  telegraphic  copies  of  warrants  to  be  sent 
must  certify  as  correct  and  file  in  the  telegraph  office  from  which 
such  copies  are  sent,  a  copy  of  the  warrant  and  endorsements 
thereon  and  must  return  the  original  with  statement  of  his  action 
thereunder. 

A  right  of  way  for  ditches,  tunnels,  telegraph  and  transmission 
lines  constructed  by  authority  of  the  United  States  is  hereby 
granted  and  all  conveyances  of  State  land  hereafter  made  shall 
contain  reservation  of  such  right  of  way. 

The  right  of  eminent  domain  may  be  exercised  in  behalf  of  tele- 
phone, telegraph  and  telephone  lines. 

IV.    TAXATION. 

The  capital  stock  of  corporation  where  the  property  of  the  corpo- 
ration has  been  assessed  is  exempt  from  taxation. 

All  taxable  property  must  be  assessed  at  its  full  cash  value. 
Land  and  improvements  therein  must  be  assessed  separately. 


CoMi'iLATio.v  ()!•    Statutes.  61 

The  State  Board  of  Equalization  lias  exclusive  power  to  assess 
and  value  all  telegraph  and  telephone  lines  and  the  franchise  of 
all  companies,  persons  or  corporations  owning,  operating  or  con- 
structing any  such  lines.  The  real  estate  of  such  companies  shall 
be  assessed  by  the  county  assessor  in  which  the  property  is  situate. 

The  principal  accounting  officer  of  any  company  operating  any 
such  lines  wholly  or  partly  within  the  State  shall  list  the  whole 
number  of  miles  of  line,  the  number  of  wires  and  instruments  and 
the  property  held  for  right  of  way,  the  amount  and  character  of 
improvements  and  shall  specifically  specify  the  number  of  miles 
of  such  telegraph  and  telephone  lines  in  each  county  or  taxation 
district  thereof  through  which  such  line  passes. 

The  State  Board  of  Equalization  shall  determine  the  total  value 
of  each  telegraph  or  telephone  line  and  of  the  instruments  used 
in  connection  therewith  and  shall  apportion  such  total  value  among 
the  several  counties  through  which  such  line  passes  in  the  pro- 
portion of  the  number  of  miles  of  such  line  situate  in  each  of 
said  counties  bears  respectively  to  the  entire  length  of  such  line 
within  the  State  and  the  valuation  shall  be  determined  per  mile 
by  dividing  the  total  value  by  the  number  of  miles  of  line  within 
the  State. 

Thereafter  the  State  Auditor  shall  send  a  statement  to  each 
county  and  the  county  auditor  after  entering  the  same  upon  his 
assessment  book  shall  divide  and  adjust  the  same  among  the  sev- 
eral taxation  districts  in  his  county. 

V.    CRIMES  AND  PENALTIES. 

Any  corporation,  or  officer,  or  agent,  engaged  in  public  work 
who  shall  knowingly  give  employment  to  any  alien  is  guilty  of  a 
misdemeanor.  It  is  unlawful  for  any  person  or  company  to  make 
an  agreement,  oral  or  in  writing,  by  the  terms  of  which  any  em- 
ployee, as  a  condition  for  continuing  or  obtaining*  such  employ- 
ment, shall  promise  or  agree  not  to  become  or  continue  a  member  of 
any  labor  organization ;  the  penalt}^  for  the  violation  of  which  is  a 
fine  of  not  more  than  $300  or  imprisonment  for  not  more  than  six 
months,  or  both. 

Forging  of  telegraph  messages  or  the  delivery  of  any  such 
messages  knowing  the  same  to  be  false,  is  punishable  by  imprison- 


62  Telegraph  ajvD  Telephone  Companies. 

ment  not  exceeding  five  years  or  by  a  fine  not  exceeding  $5,000,  or 
both.  Any  person  wilfully  injuring  any  telegraph  or  telephone 
pole,  or  who  injures  any  insulator  shall  be  fined  not  more  than 
$100  and  any  person  who  takes  down  or  obstructs  any  telegraph 
or  telephone  line  or  apparatus  connected  therewith  is  guilty  of  a 
misdemeanor. 

Any  person  who  shall  wilfully  cut  or  tap  or  make  connection 
with  any  telegraph  or  telephone  wire,  or  read,  or  copy,  by  the  use 
of  instruments  or  otherwise,  any  message  or  make  unauthorized 
use  of  the  same,  or  shall  agree  with  or  employ  another  person  to 
do  the  same,  shsll  be  guilty  of  a  felony  and  punished  by  a  fine- 
of  not  more  than  $500  or  by  imprisonment  of  not  more  than  five 
years., 

Any  agent  in  telegraph  office  who  neglects  or  refuses  to  transmit 
any  message  or  postpones  the  same  out  of  its  order  or  refuses  or 
neglects  to  deliver  any  message  is  guilty  of  a  misdemeanor;  any 
agent  or  employee  using  information  obtained  from  messages  or 
telegrams,  or  disclosing  the  contents  of  a  telegraphic  message,  or 
wilfully  altering  any  message,  or  a  person  clandestinely  learning 
the  contents  of  a  telegraphic  message,  is  guilty  of  a  misdemeanor. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

The  Constitution  provides  that  no  company  shall  directly  or 
indirectly  combine  or  make  any  contract  with  another  company, 
foreign  or  domestic,  through  their  stockholders  or  trustees,  or 
assignees  of  stockholders,  or  in  any  manner  whatsoever,  for  the 
purposa  of  fixing  the  price,  or  regulating  the  production  of  any 
article  of  commerce  or  product  of  the  soil,  or  of  consumption,  by 
the  people,  and  that  the  Legislature  be  required  to  pass  laws  for 
the  enforcement  thereof  by  adequate  penalties  to  the  extent,  if 
necessary  for  that  purpose,  of  the  forfeiture  of  the  property  and 
franchise  pf  the  company  so  oifending.- 

VII.  IjEGISLiATURE. 

The  Legislature  must  assemble  every  second  year. 


Compilation  of  Statutes.  63 


ILLINOIS. 


I.  CONSTITUTIOX. 

Xo  corporation  shall  be  created  by  siDecial  laws  except  those  for 
educational,  charitable,  penal  or  reformatory  purposes. 

The  General  Assembly  shall  have  no  power  to  release  or  extin- 
guish in  whole  or  in  part  the  indebtedness  or  liability  or  obligation 
of  any  corporation  or  individual  to  the  State,  or  to  any  municipal 
corporation  therein. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation  to  be  ascertained  by  jury.  Exercise 
of  power  and  the  right  of  eminent  domain  shall  never  be  so  con- 
strued or  abridged  as  to  prevent  the  taking  by  the  General 
Assembly  of  property  or  franchises  of  an  incorporated  company 
already  organized  and  subjecting  them  to  public  necessity  the  same 
as  of  individuals. 

The  General  Assembly  shall  have  power  to  tax  telegraph  and 
express  interests  or  business,  vendors  of  patents  or  persons  or  cor- 
porations owning  or  using  franchises  and  privileges  in  such  man- 
ner as  to  from  time  to  time  directed  by  general  law. 

Xo  municipality  shall  ever  become  a  subscriber  to  the  capital 
stock  of  any  railway  or  private  corporation  or  make  contribution 
or  loan  its  credit  in  aid  of  such  corporation. 

II.  CORPORATIONS. 

Xot  less  than  three  persons  can  propose  to  form  a  corporation 
and  shall  make  a  statement  which  shall  be  filed  with  the  Secretary 
of  State  who  shall  thereupon  issue  to  such  persons  a  license  as 
commissioners  to  open  books  for  subscription  to  the  capital  stock 
of  such  corporation. 
^  The  duration  of  corporations  shall  not  exceed  ninety-nine  years. 

Xo  foreign  corporation  bearing  the  same  or  a  name  similar  to  a 
domestic  corporation  shall  be  admitted  to  the  State  under  any 
foreign  corporation  law,  nor  shall  any  domestic  corporation  be 
organized  with  a  name  similar  to  any  foreign  corporation  admitted 
to  do  business  in  the  State. 


64  Telegraph  akd  Telephone  Companies. 

When  the  capital  stock  shall  be  fully  subscribed  the  commis- 
sioners shall  convene  and  meet  for  the  purpose  of  electing  direc- 
tors and  certificate  thereof  shall  be  filed  with  the  Secretary  of 
State  who  shall  thereupon  issue  a  certificate  of  complete  organiza- 
tion which  certificate  after  being  recorded  shall  also  be  recorded 
in  the  ofiiee  of  the  recorder  of  deeds  of  the  county  where  the 
principal  ofiiee  of  the  company  is  located,  and  thereupon  such 
corporation  may  proceed  to  do  business  but  must  proceed  to  busi- 
ness within  two  years  after  the  giving  of  the  license  or  the  same 
shall  be  deemed  to  be  revoked  and  all  proceedings  thereunder 
void.  All  corporations  whose  charters  have  expired  by  limitations 
or  otherwise  shall  continue  their  corporate  capacity  for  two  years 
for  the  purpose  of  collecting  its  debts  and  settling  its  property  and 
assets.  The  directors  and  officers  assenting  thereto  are  personally 
liable  to  the  creditors  for  the  excess  of  any  indebtedness  over  the 
amount  of  its  capital  stock.  They  are  jointly  and  severally  liable 
for  all  the  debts  of  the  corporation  then  existing  and  for  such  as 
may  be  contracted  while  they  continue  in  office,  if  they  declare  and 
pay  a  dividend  when  the  company  is  insolvent  or  a  dividend  which 
would  render  them  insolvent  or  which  would  diminish  the  amount 
of  its  caj)ital  stock.  The  officers  and  agents  of  any  foreign  cor- 
poration are  subject  to  all  the  liabilities,  restrictions  and  duties 
which  are  or  may  be  imposed  upon  domestic  corporations.  All 
real  estate  acquired  in  satisfaction  of  any  liability  or  indebted- 
ness unless  the  same  may  be  necessary  and  suitable  for  the  busi- 
ness of  the  corporation  shall  be  offered  at  public  auction  at  least 
once  every  year  at  the  door  of  the  County  Court  house  where  the 
same  is  situated  or  upon  the  premises  to  be  sold,  and  such  real 
estate  shall  be  sold  whenever  the  price  offered  for  it  is  not  less 
than  the  claim  of  said  corporation,  including  all  interest,  costs 
and  expenses,  and  if  such  corporation  shall  fail  to  sell  such  land 
at  public  or  private  sale,  within  five  years,  it  shall  be  the  duty  of 
the  States  Attorney  to  proceed  against  such  corporation  in  a  court 
having  jurisdiction  and  to  order  the  sale,  subject  to  such  rules,  as 
the  court  shall  establish. 

A  foreign  corporation  may  empower  any  person  to  act  as  its 
agent  in  the  State  and  all  instruments  under  writing  without  or 
Avith  a  seal  of  all  acts  executed  or  done  by  such  agent  shall  have 


Co:mpilatiox  or  Statitks.  65 

the  same  force  and  effect  as  if  executed  and  done,  in  due  form  of 
law,  by  the  corporation  for  whom  such  agent  may  act. 

Foreign  Corporations. 

Each  foreign  corporation  must  comply  with  the  provisions  of 
the  law  before  it  can  do  business  in  the  State.  It  must  make  an 
application  to  the  Secretary  of  State  giving  a  statement  contain- 
ing a  copy  of  its  charter  or  articles  of  incorporation,  and  shall 
file  an  affidavit  showing  the  location  of  its  principal  business  office 
within  the  State  and  designating  a  person  for  the  purpose  of  ser- 
vice upon  such  corporation.  It  shall  not  hold  any  real  estate 
except  such  as  may  be  necessary  for  the  proper  carrying  on  of  its 
legitimate  business,  nor  be  permitted  to  mortgage  or  encumber 
its  real  or  personal  property  in  this  State  to  the  injury  or  exclu- 
sion of  any  citizen  oi-  corporation  of  the  State  who  is  a  creditor, 
and  no  such  mortgage  or  encumberance  shall  take  effect  until,  as 
against  any  citizen  or  corporation  of  the  State,  all  of  its  liabilities 
due  to  persons  or  corporations  in  the  State  at  the  time  of  recording 
the  mortgage  shall  have  been  fully  paid  or  extinguished. 

Annually  every  corporation  shall  report  to  the  Secretary  of 
State  the  location  of  its  principal  office,  with  the  number  and  name 
of  its  officers  and  their  residences,  setting  down  street  and  num- 
its  charter,  and  the  kind  of  business  engaged  in. 
whether  or  not  a  corporaton  is  pursuing  an  active  business  imder 
ber,  with  the  date  of  expiration  of  their  respective  terms  of  office, 

III.  TELEGRAPH  AXD  TELEPHONE  COMPANIES. 

Every  such  company  may  enter  upon  lands  for  the  purpose  of 
making  surveys  and  examinations  and  may  take  and  damage 
private  property  for  the  erection  and  maintenance  of  lines,  and 
may  construct  lines  of  telegraph  along  any  railroad  or  highway 
or  public  waters,  and  may  erect  poles,  wires  and  other  necessary 
fixtures  in  such  manner  there  as  not  to  incommode  the  public  use 
of  railroads  or  highways  or  interrupt  navigation,  and  when  it  is 
necessary  for  the  construction,  alteration  or  repair  of  any  line  of 
telegraph  to  take  or  damage  any  property  the  same  shall  be  done 
and  compensation  ascertained  in  the  methods  provided  by  law  for 
the  exercise  of  the  right  of  eminent  domain. 
Vol.  2  —  5 


66  Telegeappi  and  Telephone  Companies. 

ISTo  siicli  company  shall  erect  poles,  wires  or  fixtures  upon  anj 
public  highway  outside  the  limits  of  a  city,  town  or  village  with- 
out the  consent  of  the  county  board  of  the  county  nor  upon  any 
public  highway  within  any  city,  town  or  village  without  the  con- 
sent of  the  corporate  authority,  which  consent  must  be  in  writing 
and  recorded  in  the  recorder's  office  of  the  county,  and  the  county 
boards  or  city  council  or  board  of  trustees  shall  have  power  to 
direct  the  alteration  in  location  or  erection  of  such  poles  and 
fixtures  and  the  heighth  of  wires,  etc.  ISTo  company  owning  or 
operating  any  telegraph  lines  shall  refuse  to  receive  a  dispatch 
from  another  company  or  person  owning  or  operating  any  tele- 
graph line  nor  shall  it  refuse  to  or  neglect  to  transmit  the  same 
in  good  faith  without  partiality,  and  if  it  shall  neglect,  such  com- 
pany or  person  shall  forfeit  all  rights  or  franchises  acquired 
under  the  laws  of  the  State,  and  shall  forfeit  all  right  to  transact 
telegraphic  business  in  the  State,  and  may  be  enjoined  by  injunc- 
tion from  operating,  and  be  liable  to  pay  all  damages  which  may 
accrue  from  such  refusal  to  the  person  interested.  All  messages 
by  telegraph  must  be  transmitted  in  the  order  in  which  they  are 
received,  and  no  message  must  be  suppressed  nor  the  contents 
thereof  made  known  under  a  penalty  of  the  person  so  doing  being 
declared  guilty  of  a  misdemeanor  and  a  punishment  of  fine  not 
exceeding  $1,000,  and  the  transmission  of  any  fraudulent  message, 
knowing  the  same  to  be  such,  is  punishable  by  a  fine  not  exceed- 
ing $500. 

It  shall  be  lawful  for  any  person  or  persons  living  on  the  line 
of  highway  outside  any  incorporated  city,  village  or  town  or  on 
any  private  road  leading  to  such  highway  to  construct  or  to  main- 
tain the  line  or  lines  of  telegraph  beyond  the  highway  and  extend- 
ing from  house  to  house,  as  the  parties  interested  in  the  construc- 
tion of  such  lines  may  desire,  and  the  parties  interested  may  set 
the  necessary  poles  and  appliances  in  any  of  the  public  streets  or 
in  any  private  road  outside  of  the  incorporated  cities,  villages  or 
towns  along  which  such  lines  may  pass,  which  wires  must  be  at 
least  fifteen  feet  above  the  ground  and  not  less  than  twenty  feet 
above  the  ground  at  any  public  or  private  crossing. 

Whenever  any  wire,  pole  or  cable  used  for  telegraph,  telephone 
or  other  electric  purposes  or  for  the  purpose  of  communication  is 


Compilation^  of  Statutes.  67 

attached  to  or  extended  over  any  building  or  land  no  lapse  of  time 
raises  any  presumption  of  any  prescriptive  right, 

A  person  who  wrongfully  takes  news  despatches  from  telegraph 
or  telephone  wires  is  subject  to  the  punishment  of  a  fine  not 
exceeding  $2,000. 

Whenever  the  lines  of  any  telegraph  or  telephone  company  are 
erected  over  the  rails  of  any  steam  or  electric  road  the  wires  shall 
be  maintained  not  less  than  twenty-five  feet  above  the  surface  of 
the  rails. 

The  right  of  eminent  domain  is  granted  to  every  company  when 
it  shall  be  necessary  for  the  construction,  maintenance  or  exten- 
sion of  its  telephone  system  to  enter  upon  or  take  or  damage 
private  property,  provided  that  nothing  shall  interfere  with  the 
control  vested  with  the  municipalities  to  regulate  the  poles,  wires 
and  appliances,  and  provided  that  before  any  line  shall  be  con- 
structed along  a  highway,  notice  shall  be  given  to  the  highway 
commissioners  having  jurisdiction  of  intention  to  so  construct, 
and  the  lines  shall  be  placed  and  constructed  in  accordance  with 
the  specifications  made  by  such  commissioners,  and  in  the  event 
of  the  failure  to  so  specify  the  same  shall  be  placed  so  as  to  not 
interfere  M'ith  the  proper  use  of  said  road. 

Telephone  companies  shall  not  have  the  right  to  demand  any 
portion  of  the  right  of  way  of  any  railroad  company  except  so 
much  thereof  as  is  necessary  to  cross  the  same. 

IV.    TAXATION. 

A  person  or  company  operating  a  telegraph  line  shall  annually 
report  to  the  Board  of  Public  Accounts  a  statement  containing 
the  amount  of  capital,  giving  the  number  of  shares,  the  amount 
paid  in,  the  market  value,  the  amount  of  indebtedness,  except 
current  expenses  for  oiJerating  the  line,  the  length  of  the  line 
operated  in  each  county  and  the  total  in  the  State,  and  the  total 
assessed  valuation  of  all  its  tangible  property  in  the  State.  The 
capital  stock  of  railroads  and  telegraph  companies  assessed  by  the 
Board  of  Equalization  shall  be  distributed  proportionately  to  the 
several  counties,  and  shall  be  certified  to  the  county  clerks  who 
shall  distribute  the  value  in  like  manner  to  the  several  towns, 
villages   and   districts  in   the  county  entitled    to  a  proportionate 


68  Telegeapii  and  Telephone  Companies. 

value  of  such  capital  stock.  The  otHce  furniture  aud  other  per- 
sonal property  of  telegraph  companies  shall  be  listed  in  the  vil- 
lage, town  or  city  where  the  same  is  used  or  kept. 

V.  CRIMES  AND  PENALTIES. 

The  establishment  of  a  boycott  or  black  list  is  prohibited. 

Wilful  injury  and  malicious  destruction  or  injury  to  any  tele- 
graph or  telephone  pole  or  material  is  punishable  by  a  fine  not 
exceeding  $500. 

A  State  Board  of  Arbitration  is  established  to  w^hom  any  con- 
troversy or  difference  which  exists  between  an  employer  and  his 
employees  may  be  submitted. 

VI.  LIMITATIONS  OF  TRADE  AND  CO»IMERCE. 

A  trust,  pool  or  combination  to  fix  the  price,  limit  the  amount 
or  quantity  of  any  article  or  to  regulate  or  fix  the  price  thereof  is 
a  conspiracy  to  defraud,  and  is  punishable. 

An  agreement  to  place  a  corporation  or  combination  in  the 
hands  of  a  trustee  wdth  intent  to  limit  or  fix  the  price  or  lessen 
the  production  and  sale  of  any  article  of  commerce  or  prevent  or 
restrict  the  manufacture  or  output  is  imla\vful  and  is  punishable 
by  a  fine  of  not  more  than  $5,000  or  less  than  $200  for  the  first 
offense,  and  each  officer  of  such  company  is  punishable  by  a  fine 
of  not  less  than  $200  or  more  than  $1,000  or  by  imprisonment  not 
to  exceed  one  year  or  both,  and  any  contract  in  violation  hereof 
is  void. 

A  purchaser  of  any  article  from  a  person  or  corporation  violat- 
ing this  act  is  not  liable  for  the  purchase  price,  and  may  plead 
this  act  as  a  defense  to  any  suit  for  such  price. 

Annually  the  Secretary  of  State  shall  ascertain  by  letter  of 
inquiry  whether  any  corporation  has  all  or  part  of  its  business  or 
interest  in  or  wdth  any  trust,  combination  or  association,  which 
inquiry  must  be  answered  by  the  president,  treasurer  or  director 
of  the  company  under  oath. 

A  trust  is  a  combination  of  capital,  skill  or  goods,  by  two  or 
more  persons,  firms  or  corporations  or  by  two  or  more  of  them  for 
either,  any  or  all  of  the  following  purposes : 

(a)   To  create  or  carry  out  restrictions  in  trade. 


Compilation  of  Statutes.  69 

•  (&)  To  limit  or  reduce  production  or  increase  or  reduce  the 
price  of  merchandise  or  commodities. 

(c)  To  prevent  competition  in  manufacturins:,  working,  trans- 
portation of  same  or  purchase  of  merchandise,  produce  or 
commodities. 

{d)  To  fix  any  standard  or  figure  whereby  its  price  to  the 
public  shall  be  in  any  manner  controlled  or  established  upon  any 
article  or  commodity  of  merchandise,  produce  or  manufacture, 
intended  for  sale,  use  or  consumption  in  the  State,  or  to  establish 
any  pretended  agency  whereby  the  sale  of  any  such  article  or  com- 
modity shall  be  covered  up  and  made  to  appaer  to  be  for  the 
original  vendors,  for  like  purpose  or  purposes  and  to  enable  such 
original  vendor  or  manufacturer  to  control  the  wholesale  or  retail 
price  of  any  such  article  or  commodity  after  the  title  to  such 
article  shall  have  passed  from  the  vendor  or  manufacturer. 

Any  corporation  violating  the  provisions  of  this  act  shall  for- 
feit its  charter  or  franchise  and  its  corporate  existence  shall  cease 
and  determine,  and  it  shall  be  the  duty  of  the  Attorney-General 
or  prosecuting  attorney  upon  his  own  motion  to  institute  a  suit 
or  quo  warranto  proceedings  in  any  county  in  the  State  in  which 
such  corporation  exists,  does  business  or  may  have  a  domicile, 
for  the  forfeiture  of  its  charter  and  the  cessation  of  its  corporate 
existence. 

Each  foreign  corporation  violating  this  act  is  denied  the  right 
and  prohibited  from  doing  business  within  the  State. 

Any  person  who  may  be  engaged  in  any  conspiracy  or  take 
part  or  aid  or  advise  in  its  commission  or  knowingly  carry  out  any 
of  the  stipulations,  rates  or  orders  thereunder  or  in  pursuance 
thereof,  is  punishable  by  a  fine  of  not  less  than  $2,000  or  more 
than  $5,000. 

In  any  indictment  for  any  offense  herein  named  it  is  sufficient 
to  state  the  purposes  and  effect  or  combination,  and  that  the 
accused  was  a  member  thereof  or  acted  with  or  in  pursuance  of 
it  without  giving  its  name  or  description,  or  how  or  where  it  was 
created. 

In  prosecutions  under  this  act  it  shall  be  sufficient  to  prove 
that  a  trust  or  combination  as  defined  herein  exists  and  ^liat  the 
defendant  belono-od  to  it  (H-  acted  for  oi'  in  ciiunectiou  with  it  with- 


70  Telegraph  akd  Telephone  Companies. 

out  p^o^•illg•  the  members  belonging  to  it  or  proving  or  producing 
any  article  of  agreement  or  anv  written  instruments  on  which  it 
may  have  been  based  or  that  it  was  evidenced  bj  any  written 
instrument  at  all. 

Any  contract  or  agreement  in  violation  of  the  provisions  of  this 
act  shall  be  void  and  not  enforceable  in  law  or  equity.  Any  pur- 
chaser of  any  article  or  commodity  through  any  firm,  person  or 
compan}^,  or  two  or  more  of  them,  transacting  business  contrary 
to  the  provisions  of  this  act  shall  not  be  liable  for  the  price  or 
jjayment  of  such  article  or  commodities  and  may  plead  this  act  as 
a  defense  to  any  suit  for  such  price  or  payment. 

VII.    liEGISLATURE. 

The  sessions  of  the  General  Assembly  shall  begin  on  Wednesday 
next  after  the  first  Monday  in  January  in  the  year  next  ensuing 
the  election  of  the  members  thereof. 


CoMPILATlo^;  OF  Statutes. 


INDIANA. 


I.  CONSTITUTION. 

Corporations  other  than  for  banking  purposes  shall  not  be 
■created  by  special  act. 

]^o  lands  or  property  shall  be  taken  by  law  without  just  com- 
pensation nor,  except  in  case  of  the  State,  without  such  compensa- 
tion being  first  assessed  and  tendered. 

II.  CORPORATIONS. 

(a)   Foreign. 

Foreign  corporations  shall  maintain  a  public  office  in  the  State 
for  transaction  of  its  business  and  shall  designate  an  agent  upon 
whom  service  of  process  may  be  had.  !No  foreign  corporations 
shall  engage  in  any  business  other  than  that  expressly  authorized 
in  its  charter,  nor  shall  hold  any  real  estate  excepting  such  as  may 
be  necessary  and  proper  in  carrying  on  its  legitimate  business,  and 
shall  not  be  permitted  to  mortgage  or  encumber  its  real  or  per- 
sonal property  in  the  State  to  the  injury  or  exclusion  of  any  citi- 
zen or  corporation  of  this  State  who  is  a  creditor  of  such  foreign 
corporation,  and  no  mortgage  by  any  foreign  corporation,  except 
railroad  or  telegraph  companies  given  to  secure  a  debt  created  in 
any  other  State  shall  take  effect  as  against  any  citizen  or  corpora- 
tion of  this  State  until  all  its  liabilities  due  to  any  person  or  cor- 
poration in  this  State  at  the  time  of  recording  such  mortgage,  have 
been  paid  and  extinguished. 

Foreign  corporations  must  file  a  copy  of  its  articles  of  incor- 
poration in  the  office  of  the  Secretary  of  State,  and  shall  furnish 
a  statement  of  the  proportion  of  its  capital  stock  which  is  repre- 
sented by  its  property  located  and  business  transacted  in  this 
State.  And  shall  pay  incorporation  taxes  and  fees  and  upon  so 
doing  the  Secretary  of  State  shall  issue  a  certificate  certifying  that 
the  corporation  has  duly  complied  with  the  laws  of  the  State  and 
is  authorized  to  do  business,  and  stating  therein  the  amount  of  its 
entire  capital  and  the  proportion  thereof  represented  in  this  State. 
Penalty  for  neglect  or  failure  to  comply  with  the  C(nulitions  above 


72  Telegeapi:  and  Telephone  Companies. 

shall  subject  a  corporation  to  a  fine  to  be  recovered  by  the  prosecut- 
ing attorney  of  the  county  in  which  the  business  of  the  corporation 
is  located  upon  information  from  the  Secretary  of  State  of  such 
neglect  or  failure. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Any  number  of  persons  may  form  a  corporation  for  establishing 
and  operating  lines  of  electric  telegraph,  and  its  articles  of  incor- 
poration shall  set  forth  its  name,  the  points  between  which  said 
company  proposes  to  operate,  its  capital  stock  and  number  of 
shares,  the  names  and  places  of  residences  of  the  stockholders,  and 
the  amounts  taken  by  each.  There  shall  be  not  less  than  three,  nor 
more  than  five  directors. 

Such  company  shall  have  the  right  to  acquire,  hold  and  convey 
real  and  personal  estate  as  may  be  necessary  and  proper  for  the 
purpose  of  erecting  and  keeping  in  repair  its  lines  of  telegraph  and 
the  buildings  requisite  for  their  operation.  Such  corporation  may 
continue  for  a  term  not  exceeding  fifty  years  and  shall  -have  power 
to  acquire  such  real  estate  and  rights  of  way  as  may  be  necessary 
for  its  uses  and  purchase. 

Telegraph  companies  shall  have  power  to  lease  or  attach  to 
other  telegraph  lines  b}^  lease  or  purchase.  A  railroad  company 
may  become  a  stockholder  in  a  telegraph  company. 

The  board  of  directors  shall  have  power  to  make  assessments  on 
the  stock  for  the  purpose  of  repairing  or  extending  the  lines. 

The  capital  stock  may  be  increased  or  diminished  except  that  the 
same  shall  not  be  reduced  below  the  actual  cost  of  construction. 
The  officers  and  directors  shall  be  elected  from  among  the  stock- 
holders residing  in  the  State. 

It  shall  be  a  duty  of  every  telegra])h  compau}^  during  ofiice 
hours  to  receive  despatches  from  other  telegraph  lines,  companies 
or  individuals  and  shall  upon  the  usual  terras  transmit  the  same 
with  impartiality  and  in  good  faith,  and  in  the  order  of  time  in 
which  they  are  reccuvcnl,  and  shall  in  no  manner  discriminate  in 
rates.  The  })enalty  provided  for  the  violation  shall  be  the  pay- 
ment of  $100  for  the  oftense,  to  be  recovered  in  civil  action  by  the 
party  aggrieved,  and  such  party  shall  also  have  the  right  to  appeal 
to  a  court  of  equity  to  prevent  such  violations  or  discriminations- 
by  injunction  or  otherwise. 


Ck)MPILATION    OF    STATUTES.  73 

Telegraph  companies  are  liable  for  neglect  in  operation  or  for 
the  disclosure  of  the  contents  of  any  despatch  to  a  person  other 
than  him  to  whom  it  is  addressed,  and  messages  shall  be  delivered 
by  messenger  on  payment  of  charges  due  for  the  same,  provided 
such  person  resides  within  one  mile  of  the  telegraph  station  or 
within  the  city  or  town  in  which  such  station  is. 

A  railroad  company  may  construct  a  telegraph  line  to  connect 
two  or  more  points  of  its  railroad,  and  if  it  entirely  connects  such 
lines  it  shall  not  be  bound  to  telegraph  for  the  public  unless  it 
undertakes  so  to  do. 

Contracts  made  by  telegraph  between  two  or  more  persons  shall 
be  considered  as  contracts  in  writing. 

TELEPHONE  COMPANIES. 

Any  number  of  persons  may  incorporate  and  shall  execute  the 
articles  of  association,  set  forth  the  name,  counties  or  place  within 
which  such  company  proposes  to  establish  and  operate  telephone 
and  telephone  exchanges,  the  amount  of  capital  stock,  the  number 
of  shares,  which  certificate  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State. 

The  majority  of  the  incorporators  shall  be  residents  of  the  State, 
and  shall  not  number  less  than  three,  and  its  principal  business 
office  shall  be  maintained  in  the  State. 

The  company  shall  have  power  to  acquire,  hold  and  convey  such 
real  and  personal  estate  as  may  be  proper  for  the  purpose  of  erect- 
ing and  maintaining  its  telephone  lines  and  appliances  and  build- 
ings requisite  for  its  business,  and  shall  have  the  right  to  acquire 
such  real  estate  and  right  of  way  as  may  be  necessary  under  emi- 
nent domain. 

The  life  of  a  telephone  corporation  is  limited  to  fifty  years.  The 
telephone  company  shall  have  power  to  lease  or  to  attach  to  other 
telephone  lines,  or  exchanges  by  lease  or  purchase. 

A  railroad  company  may  become  a  stockholder  in  any  telephone 
or  telephone  exchange  company. 

A  telephone  company  shall  not  be  liable  for  errors  in  messages  or 
communications,  except  where  such  messages  are  transmitted  un- 
der contract  directly  by  the  agents  or  employees  of  the  company, 
nor  shall  it  be  liable  for  any  special  damage  sustained  by  a  fail- 


74  TeLEGKAPH    and    TeIEPIIONE    CoMPAiMlES. 

lire  of  its  instruments  to  work,  beyond  a  rebate  of  the  rent 
charged  for  the  time  such  instruments  failed  to  work. 

The  board  of  directors  has  power  to  make  assessments  on  the 
stock  to  the  extent  and  in  the  aggregate  of  its  face  value  for  the 
purpose  of  repairing  its  line.  Every  stoc-kholder  is  liable  for  any 
contract,  debt  or  engagement  of  the  company  to  an  amount  over 
or  above  his  stock,  equal  to  the  face  value  thereof. 

Each  telephone  company  shall  withiii  the  legal  limits  of  its  busi- 
ness supply  all  applicants  with  telephone  connections  without  dis- 
crimination or  partiality,  provided  the  applicant  comply  or  offer 
to  comply  with  the  reasonable  regulations  of  the  company,  and  all 
conditions  or  restrictions  shall  be  impartially  imposed  upon  every 
person,  and  no  company  shall  discriminate  against  an  individual 
or  a  company  engaged  in  any  lawful  business  or  between  indi- 
viduals or  companies  engaged  in  the  same  business  by  requiring  as 
a  condition  for  furnishing  such  facilities  that  they  shall  not  be 
used  in  the  business  of  the  applicant  or  otherwise  for  any  lawful 
purpose.  For  violating  any  of  the  foregoing  provisions  the 
penalty  is  $100  to  be  recovered  in  a  civil  action  by  the  party 
aggrieved,  who  shall  also  have  the  right  to  compel  by  a  court  of 
equity  the  prevention  of  such  violations  or  discriminations  by 
injunction  or  otherwise.  The  penalty  for  disclosure  of  any  mes- 
sage or  conversation  shall  be  a  fine  of  not  more  than  $500. 

RAILROAD  TELEGRAPH  LINES. 

Railroad  companies  may  maintain  and  operate  lines  of  telegraph 
along  its  right  of  way  and  such  additional  distances  beyond  the 
termini  of  its  main  line  or  branches  as  may  be  necessary  to  reach 
business  centers  for  its  own  or  for  public  or  government  use  and 
to  connect  and  operate  the  same  over  lines  used  in  connection  with 
the  telogra])h  lines  of  other  railroads  or  telegraph  companies  and 
all  individuals  in  this  and  any  other  State  so  as  to  form  a  con- 
tinuous line,  upon  terms  and  conditions  for  interchange  as  shall 
be  mutually  agreed  uptm  b}^  the  parties. 

Railroad  companies  may  acquire  the  right  to  construct  along 
the  laud  of  other  railroad  companies  or  to  acquire  other  telegraph 
lines  and  to  maintain  and  operate  them  separately  or  in  connection 


CoMlilLATIOX    OF    STATUTES.      .  75 

with  its  own  line  for  the  transmission  of  its  own  or  public  or  com- 
mercial telegrams  and  charge  and  collect  customary  rates  therefor. 

Telegraph  and  telephone  wires  over  any  steam  railway  tracks 
shall  be  supported  upon  poles  and  wires ;  shall  clear  the  top  of  the 
rail  at  least  twenty-five  feet  and  it  shall  be  the  duty  of  the  Surro- 
gate or  Superior  Courts  to  see  that  the  provisions  of  this  act  are 
enforced. 

The  right  of  eminent  domain  is  granted  to  any  person,  cor- 
poration or  other  body  for  any  public  use. 

IV.    TAXATION. 

Every  telegraph  company  shall  deliver  to  the  State  Auditor  a 
statement  under  oath  showing  its  capital  stock,  the  number  of 
shares  issued  and  outstanding,  its  principal  place  of  business,  the 
market  valuation  of  its  stock,  the  real  estate,  structures,  fixtures 
and  machinery  owned  by  it  and  subject  to  legal  taxation  and  the 
location  and  assessed  value  thereof.  The  specific  real  estate  sit- 
uated outside  the  State  of  Indiana,  and  not  directly  used  in  the 
conduct  of  its  business,  its  location  and  the  sum  at  which  the  same 
is  assessed,  all  mortgages  on  any  of  its  property  and  the  amount, 
the  total  length  of  its  lines,  both  inside  and  outside  of  the  State, 
and  the  length  of  lines  within  each  of  the  counties  and  townships 
in  which  it  operates. 

Every  telephone  company  shall  deliver  a  statement  showing  its 
capital  stock,  the  number  of  shares,  its  place  of  business,  the  mar- 
ket value  of  the  shares,  its  real  estate,  construction  and  machinery 
subject  to  local  taxation,  its  location  and  assessed  value  in  each 
county  or  township,  the  specific  real  estate  outside  the  State  of 
Indiana  and  in  use  directly  by  them  in  the  conduct  of  its  business, 
its  location,  the  purposes  for  which  used,  and,  the  sum  at  which 
it  is  assessed,  all  mortgages  upon  the  whole  or  any  of  its  property, 
and  its  amount,  the  total  length  of  its  lines,  and  the  total  length 
of  so  much  of  the  lines  as  is  outside  of  the  State  and  the  length  of 
line  within  each  of  the  counties  and  townships  Avitliiu  the  State 
in  which  it  operates. 

The  State  Board  of  Tax  Commissioners  shall  value  and  assess 
the  property  of  each  company  or  corporation  and  shall  ascertain 
the  true  cash  value  of  its  entire  property.  The  true  cash  value  of 
the  property  to  be  ascertained  by  adding  to  the  market  value  of 


Y6  Tel:?graph  and  TELEnioNE. Companies. 

the  stock,  or  to  the  value  of  its  capital,  the  aggregate  amounts  of 
the  mortgages  and  the  result  is  deemed  the  true  cash  value.  For 
the  purpose  of  determining  the  true  cash  value  of  the  property 
within  the  State  shall  ascertain  from  the  statements  filed  or  other- 
wise the  assessed  value  for  taxation  of  the  real  estate  without  the 
State- not  used  in  the  general  business  of  the  company  which  shall 
be  deducted  from  the  gross  value  of  the  property  and  shall  then 
take  the  proportion  of  the  whole  aggregate  value  of  the  companies 
as  above  ascertained  after  deducting  the  assessed  value  of  the  real 
estate  without  the  State  which  the  length  of  lines  of  said  company 
bear  to  the  total  length  of  lines  thereof  and  S'uch  amount  ascer- 
tained shall  be  deemed  as  the  entire  value  of  the  property  of  the 
corporation  within  this  State.  From  such  entire  value  shall  be 
deducted  the  assessed  value  for  taxation  of  the  real  estate,  struc- 
tures, machinery  and  appliances  within  the  State  subject  to  local 
taxation  and  the  residue  after  deducting  the  said  assessed  value  of 
local  properties  shall  be  assessed  to  the  association  or  company. 
The  value  per  mile  shall  then  be  determined  by  dividing  the  total 
value,  after  deducting  the  specific  properties  locally  assessed,  by 
the  number  of  miles  within  the  State  and  the  result  shall  be  held 
as  the  value  of  the  property  per  mile  of  such  company.  The  num- 
ber of  miles  shall  be  multiplied  1\v  the  value  per  mile  in  each 
county,  the  amount  of  which  shall  be  then  certified  to  the  county 
auditors  who  shall  apportion  the  amount  certified  among  the  sev- 
eral townships  and  such  auditor  can  require  the  agent  of  the  cor- 
poration to  report  under  oath  the  length  of  lines  of  the  company 
in  each  township. 

V.    CKI^IKS    VXD  PENALTIES. 

IFalicioiis  iiijui-y  to  any  tclcgra|)li  or  telephone  or  electric  light 
pole,  wire  or  a])paratus  is  punishable  by  a  fine  of  not  more  than 
$500  and  imprisonment  for  not  more  than  six  months,  I^o  com- 
pany or  its  officer  shall  prevent  employees  from  forming,  joining 
or  belonging  to  any  lawful  labor  organization  and  any  officer  who 
coerces  or  attempts  to  coerce  any  em]-)loyees  by  discharging  or 
threatening  to  discharge  them  because  of  their  connection  with 
such  lal)or  organization,  or  any  officer  who  exacts  a  pledge  from 
working  men  that  they  will  not  become  members  of  such  organiza- 
tions as  a  consideration  of  om])loyment,  is  guilty  of  a  misdemeanor 


Compilation  of  Statutes.  77 

and  is  subject  to  a  fine  not  exceeding  $100  or  an  iniprisonmeut 
of  six  montlis  or  both  in  the  court's  discretion. 

The  common  council  of  every  State  has  power  to  enact  ordi- 
nances to  require  or  authorize  inspection  of  electric  lights  or  wires 
on  private  property  or  elsewhere  and  to  compel  them  to  be  repaired 
or  made  secure  by  the  owners  or  occupant  of  the  buildings  that  are 
there  connected  and  on  failure  of  any  such  owner  or  occupant  to 
do,  to  authorize  or  require  the  connections  to  be  shut  off  until  such 
repairs  shall  be  made  and  to  regulate  the  supply,  distribution  and 
consumption  of  electricity,  heat,  water  and  natural  gas ;  to  fix  by 
contract  or  franchise  the  price  and  to  regulate  the  la^'ing  of  mains 
and  the  stringing  of  wires  and  to  compel  the  performance  of  con- 
tracts for  the  extension  of  such  gas  and  electric  lights  and  the 
supply  of  gas,  heat  and  water  upon  any  street.  The  Board  of 
Public  Works  has  power  to  authorize  telegraph,  telephone,  electric 
light  companies  to  use  any  street  or  public  place  and  to  jDrescribe 
the  terms  and  conditions  of  such  use  and  to  fix  by  contract  the 
prices  to  be  charged  to  patrons,  provided  such  contract,  shall  be 
submitted  to  the  common  council  and  approved  by  ordinance. 
Any  city  or  town  may  contract  with  any  corporation  or  association 
to  furnish  such  city  or  town  with  water,  motive  power,  heat  or  light 
or  to  build  or  extend  water  lines,  car  lines,  telegraph  or  telephone 
lines  into  or  through  such  city  or  town  and  may  provide  the  terms 
and  conditions  upon  which  the  uses  and  accommodations  or  other 
public  conveniences  may  be  furnished  to  such  person,  provided 
that  no  contract  may  be.  made  for  a  term  longer  than  twenty-five 
years.  For  the  purpose  of  aiding  in  the  erection  or  extension  of 
any  public  utilities  the  city  or  town  is  authorized  to  become  a  part 
stockholder  by  subscribing  to  the  capital  stock  in  any  such  cor- 
poration so  making  a  contract  and  the  city  or  town  shall  have  the 
power  to  borrow  money  to  pay  for  the  stock  so  subscribed. 

A  corporation  engaged  in  the  business  of  providing  any  city 
or  town  with  such  public  conveniences  shall  have  the  right  to 
acquire  real  estate  or  rights  of  way  within  or  without  such  city  or 
town  as  may  be  necessary  for  its  business  under  the  right  of 
eminent  domain. 

LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Contracts  and  agi'eements  between  persons  or  corporations  who 
control  the  output  of  any  article  of  merchandise  with  a  view  to 


V8  Teleghapii  akd  TelepiionIs  Companies. 

control  the  price  or  the  cost  to  producer  or  consumer  of  any  product 
or  article  is  declared  to  be  against  public  policy  and  any  corpora- 
tion violating  the  same  forfeits  its  charter  and  franchise  and  its 
corporate  existence  thereupon  ceases  and  becomes  terminated  and 
every  foreign  corporation  which  shall  violate  the  same  is  prohibited 
from  doing  business  in  the  State  and  any  person  or  officer  who 
may  be  engaged  in  any  such  conspiracy  or  knowingly  carry  out 
any  orders  or  rates  in  furtherance  of  such  conspiracy  is  punish- 
able by  a  fine  of  not  more  than  $5,000  and  imprisonment  of  not 
less  than  one  year  or  either. 

The  persons  designated  by  this  act  to  be  affected  hereby  are 
those  who  own,  control  or  manufacture  the  output  of  any  particular 
article  of  merchandise  mentioned  herein,  except  the  act  does  not 
apply  to  agricultural  products  or  live  stock  while  in  the  possession 
of  the  producer  or  raiser. 

Any  person  injured  by  any  such  contract  or  combination  may 
sue  for  and  recover  the  full  value,  consideration  or  sum  paid  for 
any  goodg,  merchandise,  the  sale  of  which  is  controlled  by  such 
combination  or  trust. 

ISTo  contract  shall  be  made  to  procure  or  prevent  any  wholesale 
or  retail  dealer  in  or  manufacturer  of  merchandise  intended  for 
trade  or  nse  by  any  mechanic,  artisan  or  dealer  in  the  transaction  of 
his  business  from  the  sale  of  such  supplies  to  any  dealer  or  to  any 
mechanic  or  artisan,  and  any  person  who  is  party  to  any  agreement 
or  who  shall  refuse  to  sell  such  articles  of  trade  or  employment  to 
any  person  who  may  require  them  in  the  prosecution  of  his  busi- 
ness for  the  reason  that  such  dealer,  mechanic  or  artisan  is  not  a 
member  of  a  company  or  association  of  persons,  is  guilty  of  con- 
spiracy against  trade  and  upon  conviction  can  be  punished  by  a 
fine  of  not  more  than  $2,000,  to  which  may  be  added  imprisonment 
not  exceeding  one  year,  and  after  due  notice  given  by  the  Attor- 
ney-General or  prosecuting  attorney  shall  forfeit  $50,  recoverable 
in  the  name  of  the  State  in  relation  of  the  property  injured  and 
the  prosecuting  attorney  in  any  county  must  prosecute  such 
action  and  shall  be  entitled  to  a  fee  of  $25  to  be  taxed  against 
the  defendant  and  any  such  action  may  he  taken  in  a  Superior 
or  Surrogate's  Court  in  which  county  in  which  the  defendant 
may  reside  or  in  which  he  is  engaged  in  business,  and  any  per- 


CoMriLATIOX  OF  STATUTES.  79 

son  who  may  be  injured  or  damaged  in  his  business  by  any 
contract  or  combination  forbidden  by  this  act  may  maintain  a 
suit  therefor  in  any  court  having  jurisdiction  thereof  in  the  county 
where  the  defendant  resides  or  in  which  he  is  engaged  in  business 
or  in  any  county  where  services  may  be  obtained  and  the  plaintiif 
in  any  such  action  shall  be  entitled  to  recovery  of  his  costs  and  a 
reasonable  attorney's  fee. 

VII.    LEGISLATURE. 

The  sessions  of  the  General  Assembly  shall  be  held  biennially. 


80  Telegraph  and  Telephone  Companies. 


lOAVA. 


I.  CONSTITUTION. 

Corporations  shall  not  be  created  by  special  laws. 

Private  property  shall  not  be  taken  for  public  use  without  just 
compensation  first  being  made  to  the  owner;  the  jury  shall  not 
take  into  consideration  any  benefits  that  may  result  to  the  owner 
on  account  of  the  improvement  for  which  it  is  taken. 

II.  CORPORATIONS. 

(a)  Domestic. 

One  or  more  persons  may  incorj)orate  in  Iowa,  provided  if"  one 
person  incorporates  and  he  adopts  the  name  of  an  individual  as 
that  of  the  corporation  he  must  add  thereto  the  words  "  incor- 
porated." 

Before  commencing  business,  articles  of  incorporation  must 
be  adopted  and  recorded  in  the  office  of  the  recorder  of  deeds  in 
the  county  where  the  principal  place  of  business  is  to  be  located. 
Such  recorder  shall  endorse  the  day  of  recording,  record  the 
same,  and  then  the  record  of  incorporation  shall  be  forwarded  to 
the  Secretary  of  State  and  by  him  recorded.  Incorporation  fee  is 
$25  and  an  additional  fee  of  $1  per  thousand  in  excess  of  $10,000. 
Within  three  months  after  date  of  the  certificate  of  the  Secretary 
of  State,  notice  must  be  published  for  four  weeks  in  a  newspaper 
convenient  to  its  principal  place  of  business,  containing  a  state- 
ment of  the  corporate  name,  its  business,  capital  and  term  of 
existence. 

Fraud  in  failing  to  comply  with  the  articles  of  incorporation, 
or  in  deceiving  the  public  or  individuals  in  relation  to  their  means 
or  liabilities  shall  be  a  misdemeanor. 

Diversion  of  funds  to  objects  other  than  those  mentioned  in  its 
articles  of  incorporation  shall  be  fraud  and  those  guilty  are  sub- 
ject to  a  fine  and  imprisonment  or  both  at  the  discretion  of  the 
court. 

Any  corporation  shall  cease  to  exist  by  non-usement  of  its  fran- 
chise for  two  years  at  any  one  time.     A  franchise  of  a  corpora- 


Compilation  of  Statutes.  81 

lion  may  be  levied  upon  under  an  execution  and  sold  without 
appraisement  and  the  purchaser  becomes  vested  with  all  the  pow- 
ers of  the  corporation  therefor. 

(b)   Foreign. 

Foreign  corporations  shall  file  with  the  Secretary  of  State  the 
copy  of  its  articles  of  incorporation  accompanied  by  a  resolution 
of  its  directors  authorizing  the  filing  and  designating  an  agent 
within  the  State  for  service  of  process  and  obtain  a  permit.  The 
same  fees  are  required  as  those  of  a  domestic  corporation. 

Until  a  foreign  corporation  has  obtained  such  permit  it  shall 
not  possess  the  right  to  exercise  the  power  of  eminent  domain  or 
any  rights  or  privileges  conferred  upon  corporations. 

Penalty  is  prescribed  for  each  day  in  which  a  foreign  corpora- 
tion shall  do  business  in  the  State  without  having  obtained  valid 
permit  and  each  officer  is  guilty  of  a  misdemeanor. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Any  person,  firm  or  corporation  organized  for  that  purpose 
within  or  without  the  State  may  construct  a  telegraph  or  telephone 
line  along  the  public  roads  or  across  rivers  or  over  State  land  or 
lands  of  any  private  individual. 

Such  fixtures  shall  not  be  constructed  so  as  to  incommode  the 
public,  nor  shall  they  be  set  up  in  any  private  grounds  without 
payment  of  any  just  damage  that  the  owner  thereof  sustains,  and 
if  such  person  claims  more  damage  than  the  owner  of  the  line' 
is  willing  to  pay,  the  amount  may  be  determined  as  provided  for 
taking  private  property  for  works  of  internal  improvement. 

If  the  proprietor  of  any  telegraph  or  telephone  line  refuses 
to  furnish  equal  facilities  to  the  public  and  to  all  connecting 
lines  for  the  transmission  of  communications,  or  the  transfer  of 
the  same,  with  fidelity  and  without  unreasonable  delay,  the  law 
in  relation  to  corporation  and  to  the  taking  of  private  property 
for  works  in  internal  improvement  shall  no  longer  apply  to  them. 

Messages  must  be  transmitted  with  fidelity  and  without  unrea- 
sonable delay  and  any  person  who  wilfully  fails  to  transmit  or 
intentionally  transmits  erroneously  or  makes  known  the  contents 
or  any  message  or  wilfully  or  wrongfully  takes  or  refuses  to 
Vol.  2  —  6 


82  Telegraph  and  Telephone  Companies. 

transmit    any    telegraph    or    telephone    message,    is    guilty    of    a 
misdemeanor. 

The  proprietor  of  a  telegraph  or  telephone  line  is  liable  for 
all  mistakes  in  transmitting  or  receiving  or  for  unreasonable  delay 
in  transmission  and  for  all  damages  resulting  from  failure  to 
perform  the  duties  required  by  law;  and  in  an  action  for  dam- 
ages the  burden  of  proof  that  the  error  or  delay  was  not  due  to 
its  negligence  shall  rest  upon  the  company,  provided  that  all 
claims  must  be  presented  in  writing  within  sixty  days.  An  action 
may  be  brought  in  any  county  through  which  the  line  passes  or 
is  operated. 

IV.    TAXATION. 

Every  telegraph  and  telephone  company  operating  in  the  State 
shall  furnish  to  the  Executive  Council,  which  is  composed  of  the 
Governor,  Secretary,  Auditor  and  State  Treasurer,  a  certificate  of 
the  total  number  of  miles  owned,  operated  or  leased,  the  whole 
number  of  poles,  and  the  average  number  per  mile,  the  total  num- 
ber of  miles  in  each  division  or  separate  lines,  and  the  average 
number  of  separate  Avires,  the  whole  number  of  stations  and  the 
value  of  the  same,  the  whole  number  of  instruments,  the  gross 
rental  charge  per  instrument,  the  gross  receipts  and  operating 
expenses  of  business  originating  and  terminating  in  the  State, 
and  the  gross  receipts  and  operating  expenses  of  the  business  not 
included  in  the  foregoing,  its  capital,  and  the  number  of  shares 
issued  and  outstanding  and  the  par  or  face  value  and  the  market 
value  and  all  real  estate  with  its  improvements,  both  inside  and 
outside  of  the  State.  All  mortgages  upon  its  property  and  the 
length  of  the  lines  within  and  without  the  State. 

The  Executive  Council  shall  determine  the  actual  cash  value  of 
the  property  within  the  State,  taking  in  consideration  the  fran- 
chises and  the  use  of  the  property  in  connection  with  lines  out- 
side the  State,  which  assessment  shall  include  all  property  of 
every  kind. 

The  Council  shall  ascertain  the  value  per  mile  of  the  property 
of  each  company  within  the  State  by  dividing  the  total  value  by 
the  number  of  miles  of  line  of  the  company  within  the  State, 
and  the  taxable  value  shall  be  determined  by  taking  25  per  cent, 
of  such  actual  value;   and  for  the  purpose  of  determining  each 


CoMi'iLATiox  OF  Statutes.  83 

county  assessment  the  assessed  value  per  miles  of  line  in  each 
county  shall  be  certified  to  the  county  auditors.  The  owner  of 
the  capital  stock  in  any  company  operating  such  line  shall  not  be 
assessed  for  taxation  upon  such  stock.  Each  company  shall  file 
with  the  county  auditor  a  map  of  its  linos  within  said  county  and 
a  statement  showing  the  length  of  lines  in  each  taxing  district, 
and  in  the  event  of  a  neglect  so  to  do  such  map  shall  be  prepared 
by  the  county  surveyor,  audited  and  paid  by  the  board  of  super- 
visors and  the  amount  levied  as  a  special  tax  against  the  company. 

Cities  and  towns  shall  have  the  right  to  authorize  and  regulate 
telegraph,  telephone,  street  railway  and  other  transportation  com- 
panies' wires  by  joint  and  uniform  regulation  and  to  provide  the 
manner  in  which  and  the  places  where  the  same  shall  be  placed 
along  or  under  the  streets,  roads  or  public  places  of  such  city  or 
town. 

No  franchise  shall  be  granted  unless  the  majority  of  the  local 
electors  voting  thereat  shall  vote  in  favor  of  the  same  at  a  general 
or  special  election. 

Special  charter  cities  shall  have  power  to  grant  individuals 
or  corporations  the  authority  to  erect  or  maintain  telephone  sys- 
tems for  not  exceeding  twenty-five  years  and  may  renew  or 
extend  the  grant  for  not  exceeding  twenty-five  years,  but  no 
exclusive  franchise  shall  be  granted,  extended  or  renewed  and  no 
franchise  shall  be  granted  until  notice  of  the  application  thereof 
shall  have  been  published  once  each  Aveek  for  four  weeks  in  a 
newspaper  ]mblished  in  such  city. 

Such  cities  shall  have  power  to  regulate  telegraph,  telephone  or 
electric  light  poles,  subways  and  wires,  and  provide  the  manner 
in  w^hich  and  the  places  where  the  same  shall  be  placed  and  to 
compel  companies  having  wires  on  the  same  street  to  use  the  same 
poles  or  subways  upon  reasonable  terms. 

V.    CRIMES  AND   PENALTIES. 

Any  malicious  injury  to  any  highway,  bridge,  telephone  or  tele- 
graph system  or  .instruments,  properties  or  Avires  shall  be  pun- 
ished by  a  fine  not  exceeding  $500  or  imprisonment  not  exceeding 
five  years  or  both  in  the  discretion  of  the  court.  Any  person 
tapping  or  connecting  with  a  telegraph  or  telephone  wire  unlaw- 


84  Telegeaph  anb  Telephone  Companies. 

fully  shall  be  fined  not  more  than  $500  or  imprisoned  in  the 
county  jail  not  exceeding  six  months. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Any  individual  or  corporation  entering  into  a  pool  or  trust  or 
forming,  an  agreement  or  a  combination  to  regulate  or  fix  the  price 
of  any  article  of  merchandise  or  to  fix  or  limit  the  quantity  or 
amount  of  any  article,  commodity  or  merchandise  to  be  manu- 
factured or  sold  in  the  State  shall  be  guilty  of  conspiracy. 

No  corporation  shall  issue  or  own  trust  certificates,  nor  shall' 
a  corporation  or  its  ofiicer  or  agent  enter  into  any  combination  for 
the  purpose  of  placing  the  management  or  control  of  such  com- 
pany or  the  manufactured  product  thereof  in  the  hands  of  any 
trustee  with  intention  to  limit  or  fix  the  price  or  control  the  pro- 
duction or  sale  of  any  article  of  commerce,  its  use  or  consumption 
or  to  prevent,  restrict  or  diminish  the  manufacture  or  output  of 
such  article. 

Penalty  for  violating  the  foregoing  shall  be  a  fine  of  not  less 
than  1  per  cent,  of  the  capital  invested  nor  more  than  20  per 
cent,  of  the  same,  and  each  officer  or  individual  found  guilty 
shall  be  fined  not  less  than  $500  or  more  than  $5,000  or  to  be 
imprisoned  in  the  county  jail  not  exceeding  one  year  or  both. 

All  contracts  in  violation  of  any  of  these  provisions  shall  be 
void.  Any  purchaser  of  any  article  or  commodity  from  any  cor- 
poration or  individual  transacting  business  contrary  to  the  above 
shall  not  be  liable  for  the  face  or  payment  thereon  and  may  plead 
such  provisions  as  a  defense  for  any  actions  for  such  price  or 
demand. 

Any  domestic  corporation  which  violates  the  above  provisions 
shall  forfeit  its  corporate  rights  and  franchises. 

It  shall  be  the  dtity  of  the  grand  jury  to  inquire  into  and  ascer- 
tain if  there  exist  any  pool,  trust  or  combination  within  their 
respective  counties. 

County  attorne^^s  and  the  Attorney-General  shall  enforce  the 
provisions  of  the  foregoing  sections  and  on  seQuring  the  convic- 
tion are  entitled,  in  addition  to  their  salary,  one-fifth  of  the  fine 
recovered. 

VII.  LEGISLATURE. 

The  sessions  of  the  General  Assembly  shall  be  held  biennially. 


CoMriLATION    OF    STATUTES.  85 


KANSAS. 


I.  CONSTITUTION. 

The  Legislature  shall  not  pass  any  special  acts  conferring  cor- 
porate powers. 

Xo  right  of  way  shall  be  appropriated  to  the  use  of  any  corj)o- 
ration  until  full  compensation  therefor  be  first  made  in  money 
or  secured  by  a  deposit  of  money  to  the  OAvner  irrespective  of  any 
benefit  from  any  improvement  proposed  by  said  corporation. 

II.  CORPORATIONS. 

Domestic. 

Five  or  more  persons  nuiy  create  a  corporation.  The  charter 
must  set  forth  the  name,  the  purpose  for  which  formed,  its  place 
of  business  and  the  term  for  which  it  is  to  exist. 

The  charter  fees  shall  be  j^aid  and  the  charter  shall  be  filed 
in  the  office  of  the  Secretary  of  State. 

A  charter  board  is  created  and  persons  seeking  to  form  a  pri- 
vate corporation  or  any  foreign  corporation  shall  make  application 
to  such  board  for  permission  to  organize  or  to  engage  in  business 
as  a  foreign  corporation  in  this  State,  and  a  foreign  corporation 
shall  agree  that  actions  may  be  begun  by  service  of  process  on 
the  Secretary  of  State,  and  actions  against  any  foreign  corpora- 
tion may  be  brought  in  any  county  where  the  cause  of  action  arose 
or  in  which  the  plaintiff  may  reside. 

The  charter  board,  after  investigating  the  character  of  the 
business  in  which  the  proposed  corporation  is  to  engage,  may  grant 
the  application,  and  when  it  has  received  authority  from  the 
charter  board  to  organize  it  shall  pay  the  charter  fees  and  the 
charter  shall  then  be  filed  with  the  Secretary  of  State.  Each  cor- 
poration shall  annually  deliver  to  the  Secretary  -of  State  a  state- 
ment of  the  condition  of  such  corporation. 

The  duration  of  any  corporation  may  be  extended  for  successive 
periods  of  twenty  years  at  any  time  that  the  corporation  shall 
desire  to  extend  its  term.  If  the  directors  shall  knowingly  declare 
and  pay   a   dividend   when   the   corporation   is   insolvent   or   any 


86  Telegijapii  and  Telephone  Companies. 

dividend  the  payment  of  which  would  render  it  insolvent,  they 
shall  be  jointly  and  severally  liable  for  all  the  debts  of  the  cor- 
poration then  existing  and  for  all  that  shall  be  thereafter  con- 
tracted as  long  as  they  respectively  continue  in  office. 

III.    TELEGRAPH  AND  TELEPHONE  C03IPANIES, 

Corporations  created  for  the  purpose  of  constructing  telegraph 
lines  are  authorized  to  set  their  poles  and  fixtures  upon  the  public 
roads  and  waters  of  the  State,  but  in  such  manner  as  not  to  incom- 
mode the  public,  and  such  companies  are  authorized  to  enter  upon 
private  lands  for  the  purpose  of  making  surveys  and  examinations 
with  a  view  of  erecting  telegraph  lines  and  to  appropriate  from 
time  to  time  so  much  of  said  lands  as  may  be  necessary  to  erect 
poles  and  fixtures  for  telegraph  lines,  but  no  corporation  has 
power  to  contract  with  any  owner  of  land  for  the  right  to  erect 
and  niaintain  a  telegraph  line  over  his  lands  to  the  exclusion  of 
the  lines  of  other  companies. 

Any  company  may  construct,  use  and  maintain  any  lines  of 
telegraph  Avholly  within  or  wholly  or  partly  beyond  the  limits  of 
the  State,  and  shall  have  power  to  lease  or  attach  to  the  line  or 
lines  of  such  corporations  or  other  telegraph  lines  by  lease  or  pur- 
chase, and  may  join  with  any  corporation  in  constructing,  leasing 
or  owning  or  maintaining  their  line  upon  such  terms  as  may  be 
agreed  upon  between  the  directors  or  managers  of  the  respective 
companies,  and  may  own  and  hold  an  interest  in  any  such  lines 
or  may  become  lessee  thereof. 

The  authorities  of  a  municipal  corporation  through  which  any 
telegraph  line  may  pass  can  by  ordinance  specify  where  the  poles 
shall  be  loc^tted,  the  kind  that  shall  be  used  and  the  height  at 
which  the  wires  shall  be  run,  and  shall  have  power  to  direct  any 
alteration  in  the  location  of  such  fixtures.  Every  telegraph  com- 
pany operating  a  line  through  the  corporate  limits  of  any  county 
seat  is  required  to  establish  and  maintain  a  telegraph  station  at 
such  county  seat,  with  facilities  for  the  convenience  of  the  public 
in  sending  telegrams,  and  in  the  event  of  failure  so  to  do  shall  be 
liable  to  a  penalty  of  $10  per  day  for  each  day  of  such  failure. 

H^o  telegraph  company  shall  charge  or  receive  a  rate  in  excess 
of  15  cents  for  the  first  ten  words,  exclusive  of  address  and  one 


CoMPiLATio:f  OF  Statutes.  87 

signature,  and  1  cent  for  each  additional  word  for  transmitting 
any  message  between  points  in  the  State,  nor  shall  it  demand  or 
receive  for  any  distance  between  points  within  this  State  more 
than  one-third  of  1  cent  for  each  word  for  messages  of  over  ten 
words  received  between  the  hours  of  6  a.  :\r.  and  6  p.  m.,  and  one- 
sixth  of  1  cent  per  word  for  messages  received  between  6  p.  m.  and 
6  A.  M.  to  be  transmitted  as  special  reports  for  newspapers,  and 
no  delivery  fee  shall  be  charged  within  the  limits  of  any  city 
or  town  nor  within  one-half  of  a  mile  of  any  receiving  oflfice. 

Each  company  shall  transmit  telegraph  messages  offered  for 
transmission  to  any  point  along  the  lines  owned  or  operated  by  it 
without  delay,  and  each  connecting  line  to  which  the  same  may 
be  transmitted  shall  receive  and  transfer  the  same  without  delay. 
The  contents  of  any  message  shall  not  be  divulged  to  any  person 
other  than  the  one  to  whom  it  was  sent,  nor  shall  any  special 
rate  or  free  service  be  given  to  any  person  or  corporation.  A 
penalty  of  $100  is  provided  for  the  failure  of  any  company  to- 
transfer  without  unnecessary  delay  any  message  properly  deliv- 
ered to  it  for  transmission  and  delivery,  and  this  recovery  is  in 
addition  to  the  right  of  such  persons  to  recover  actual  damages 
for  the  failure  to  send  or  deliver  such  messages.  Every  telegraph 
company  must  maintain  a  station  in  the  cities  of  the  first  class 
containing  50,000  inhabitants  or  over.  The  Board  of  Railroad 
Commissioners  has  power  and  authority  to  prescribe  the  regula- 
tions with  respect  to  the  stringing  of  wires  which  cross  over  or 
under  the  tracks  of  any  railroad  company. 

Lands  may  be  appropriated  for  the  use  of  telegraph,  milling 
or  other  manufacturing  corporations  using  power  and  may  obtain 
a  right  of  way  for  all  necessary  wires  and  such  wires  may  be  laid, 
carried  or  stretched  on,  through  or  over  anv  lot  or  land  or  along 
or  down  any  stream  or  through  any  street  or  public  ground. 

IV.    TAXATION. 

All  telegraph  lines  and  instruments  within  the  respective 
counties  along  the  line  of  their  routes  shall  be  held  as  personal 
property  within  such  county  and  assessed  accordingly,  except 
that  this  shall  not  be  held  to  include  a  telegraph  line  and  instru- 
ments belonging  to  railroad  companies. 


88  Telegraph  and  Telephone  Companies. 

Every  telegraph  and  telephone  company  doing  business  in  the 
State  shall  annually,  under  oath,  file  ^vith  the  State  Auditor  a 
statement  containing  the  name  of  the  company,  its  nature,  the 
location  of  its  principal  office,  the  names  and  addresses  of  its 
ofiicials,  the  value  of  its  stock,  the  detailed  statement  of  the  real 
estate  owned  by  the  company  in  the  State  where  situated  and  the 
value  thereof  as  assessed,  the  w^hole  length  of  the  lines  within  the 
■State,  whether  under  lease  or  otherwise,  and  the  number  of  miles 
of  wire  in  each  county  and  the  value  and  aggregate  inventory 
of  all  other  personal  property  owned  by  the  company  in  the  State, 
the  gross  receipts  for  the  year.  The  State  Board  of  Appraisers 
and  Assessors  shall  report  to  the  State  Auditor  the  total  value  of 
the  property  of  telegraph  and  telephone  companies  as  ascertained 
and  assessed  by  them.  The  Auditor  shall  deduct  from  the  total 
■assessed  value  of  each  company  the  value  as  assessed  for  taxation 
of  any  real  estate  situate  in  the  State  and  owned  by  the  company 
not  in  connection  with  its  right  of  way.  The  value  of  the  prop- 
erty after  making  such  deduction  shall  be  apportioned  among  the 
several  counties  through  which  the  lines  run.  The  county  clerk, 
when  he  shall  receive  the  statement  from  the  State  Auditor,  shall 
certify  the  amount  of  the  assessments  to  the  proper  ofiicer  of  the 
taxing  districts  in  his  county  so  as  to  be  placed  on  the  tax  roll 
for  the  benefit  of  the  school  districts,  cities  and  townships  within 
his  county,  and  also  shall  place  such  assessments  on  the  proper 
tax  roll  of  his  county. 

The  mayor  and  council  of  any  city  shall  have  power  to  regulate 
telephone  rates,  which  shall  be  reasonable  and  just,  and  if  they 
are  fixed  at  unreasonable  rates  the  same  may  be  reviewed  and 
•determined  by  the  District  Court  of  the  county  in  which  the  city 
is  situated.  The  mayor  and  council  shall  have  the  right  to  grant 
a  franchise  based  upon  a  proper  remuneration  to  the  city,  not  to 
exceed  a  term  of  longer  than  thirty  years,  and  they  may  grant 
a  right  of  way  for  telegraph  and  telephone  poles  within  the  city 
and  may  require  the  wires  to  be  placed  underground,  and  may  levy 
and  collect  a  license  tax  upon  and  regulate  all  trades  and  occupa- 
tions carried  on  within  the  limits  of  the  city,  including  telegraph 
and  telephone  companies. 

V.    CRIMES  AND  PENALTIES. 

No  employer  of  labor  shall  prevent  or  attempt  to  prevent,  by 


Compilation  of  Statutes.  89 

word,  sign  or  writing  of  any  kind  whatsoever,  any  discharged 
employee  from  obtaining  employment  from  any  other  person,  nor 
shall  any  employer  discriminate  against  any  organization. 

\I.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

All  trusts,  combinations,  arrangements  or  agreements  with  a 
view  to  prevent  full  and  free  competition  in  the  importation, 
transportation  or  sale  of  articles  or  in  the  product,  manufacture  or 
sale  of.  articles  imported  into  the  State  of  domestic  growth  or 
product  of  domestic  raw  materials,  or  for  the  loan  or  use  of 
money  or  to  fix  attorneys'  or  doctors'  fees,  or  which  tend  to 
advance,  reduce  or  control  the  price  or  cost  to  the  producer  or  to 
the  consumer  of  any  such  products  or  articles,  or  to  control  the 
cost  or  rate  of  insurance,  or  which  tend  to  advance  or  to  control 
any  other  services,  are  declared  to  be  against  public  policy  and 
imlawful  and  void.  It  is  not  lawful  for  any  corporation  to  issue 
or  own  trust  certificates  or  to  enter  into  any  combination  or  agree- 
ment, the  purpose  and  effect  of  which  shall  be  to  place  the  man- 
agement or  control  of  such  combination  or  the  manufactured 
product  thereof  in  the  hands  of  any  trustee  with  the  intent  to 
limit  or  fix  the  price  or  lessen  the  production  and  sale  of  any 
article  of  commerce,  or  to  prevent,  restrict  or  diminish  the  manu- 
facture or  output  thereof. 

Any  person  entering  into  such  agreement  is  guilty  of  a  mis- 
demeanor and  is  subject  to  a  fine  of  not  more  than  $1,000  and 
to  imprisonment  of  not  more  than  six  months,  or  both. 

Any  person  or  corporation  injured  by  any  such  arrangement 
may  sue  for  and  recover  the  full  consideration  paid  by  him  for 
any  goods,  wares,  merchandise  included  in  or  advanced  or  con- 
trolled in  price  by  such  combination,  and  it  shall  be  lawful  to 
plead  in  bar  or  abatement  in  the  defense  of  any  action  that  the 
plaintiff  or  any  person  interested  in  the  prosecution  of  a  case  is 
a  member  or  agent  of  such  an  unlawful  combination. 

A  trust  is  a  combination  of  capital,  skill  or  acts  by  two  or  more 
persons,  firms,  corporations  or  associations  of  persons  or  either 
two  or  more  of  them  for  either,  any  or  all  of  the  following  pur- 
poses : 

(a)  To  create  or  carry  out  restrictions  in  trade  or  commerce, 
or  aids  to  commerce,  or  to  carry  out  restrictions  in  the  full  and 


■90  Telegkaph  and  Telephone  Companies. 

free  pursuit  of  any  business  authorized  or  determined  by  the  laws 
-of  the  State. 

(&)  To  increase  or  reduce  the  price  of  merchandise,  produce 
•or  commodities  or  to  control  the  cost  or  rates  of  insurance ;  also, 
to  prevent  competition  in  the  making,  transportation,  sale  or  pur- 
chase of  merchandise,  produce  or  commodities  or  to  prevent  com- 
petition in  aids  to  commerce. 

(d)  To  fix  any  standard  or  figure  whereby  its  price  to  the 
public  shall  be  in  any  manner  controlled  or  established,  any  article 
or  commodity  of  merchandise,  produce  or  commerce  intended  for 
sale,  use  or  consumption  in  the  State. 

(e)  To  make  or  enter  into  or  execute  or  carry  out  any  contract, 
obligation  or  agreement  of  any  kind  or  description  by  which  they 
shall  bind  or  have  bound  themselves  not  to  sell,  manufacture, 
dispose  of  or  transport  any  article  or  commodity  or  article  or 
trade,  use,  merchandise,  commerce  or  consupmtion  below  a  com- 
mon standard  figure,  or  by  which  they  shall  agree  in  any  manner 
to  keep  the  price  of  such  article,  commodity  or  transportation  at 
a  fixed  or  graded  figure  or  by  which  they  shall  in  any  manner 
establish  or  settle  the  price  of  any  article  or  commodity  or  trans- 
portation between  them  or  themselves  and  others  to  preclude  a 
free  and  unrestricted  competition  among  themselves  or  others  in 
transportation,  selling  or  manufacturing  of  any  such  article  or 
commodity  or  by  which  they  shall  agree  to  pool,  combine  or  unite 
any  interest  they  may  have  in  connection  with  the  manufacture, 
sale  or  transportation  of  any  such  article  or  commodity  that  its 
price  may  in  any  manner  be  affected. 

Any  such  combination  is  declared  to  be  against  public  policy 
and  unlawful  and  void. 

All  persons  or  corporations  within  the  State  are  denied  the 
right  to  form  or  to  be  in  any  manner  interested  in  any  trust,  and 
a  violation  of  any  of  the  provisions  of  this  law  acts  as  a  forfeiture 
of  its  charter  and  franchise,  and  its  corporate  existence  shall  cease 
and  determine.  Every  person  or  corporation  within  or  without 
the  State  violating  any  of  the  provisions  of  the  act  within  the 
iState  are  denied  and  prohibited  from  doinc:  any  business  within 
the  State  and  are  denied  the  right  of  handling  the  goods  of  or 
in  any  manner  dealing  with  any  such  person  or  corporation,  and 


Compilation  of  Statutes.  91 

any  person  or  agent  so  doing  shall  be  determined  guilty  of  a  mis- 
demeanor and  shall  be  fined  not  more  than  $1,000  and  confined 
in  jail  not  more  than  six  months  and  forfeits  not  less  than  $100 
for  each  day  such  violation  may  continue. 

Any  contract  in  violation  of  the  provisions  of  the  act  shall  be 
void  and  not  enforceable  in  any  court  of  the  State,  and  any 
corporation  or  person  damaged  by  any  such  agreement  may  sue 
and  recover  such  damages  as  have  been  sustained,  together  with 
a  reasonable  attorney  fee. 

VII.    liEGISLiATURE. 

All  sessions  of  the  Lec'islature  shall  lie  held  once  in  two  vcars. 


92  Telegkaph  and  Telephone  Companies. 


KENTUCKY. 


I.    CONSTITUTION. 

ISTo  corporation  shall  engage  in  business  nnauthorized  by  its 
charter  or  the  law  under  which  it  may  be  organized,  nor  shall  it 
hold  any  real  estate  except  such  as  may  be  proper  and  necessary 
for  carrying  on  its  legitimate  business  for  a  longer  period  than 
five  years,  under  penalty  of  escheat.  All  corporations  formed 
under  the  laws  of  the  State  or  carrying  on  business  in  it  shall 
at  all  times  have  an  authorized  agent  upon  whom  process  may  be 
served. 

The  Commonwealth,  in  the  exercise  of  the  right  of  eminent 
domain,  shall  have  and  retain  the  same  powers  to  take  the  prop- 
erty and  franchises  of  incorporated  companies  for  public  use 
which  it  has  and  retains  to  take  the  property  of  individuals.  Ko 
county  or  municipality  shall  become  a  stockholder  in  any  cor- 
poration or  loan  its  credit  except  for  the  purpose  of  constructing 
and  maintaining  bridges  and  roads. 

Campaign  contributions  by  corporations  are  prohibited.  Any 
corporation  shall  have  the  right  to  construct  and  maintain  lines 
of  telegraph  within  the  State  and  to  connect  the  same  with  other 
lines,  and  such  companies  shall  receive  and  transmit  each  other's 
messages  without  unreasonable  delay  or  discrimination,  and  tele- 
phone companies  shall  receive  and  transmit  each  other's  messages 
without  unreasonable  delay.  If  any  company  consolidates  with  a 
foreign  corporation,  it  shall  not  become  a  foreign  corporation  by 
such  consolidation.  ]^o  telegraph  or  telephone  company  shall  con- 
solidate its  stock,  franchises  or  property  or  pool  its  earnings,  in 
whole  or  in  part,  with  any  other  company  owning  a  parallel  or 
competing  line,  or  acquire  by  purchase  or  otherwise  any  such 
parallel  or  competing  line  or  operate  the  same. 

A  common  carrier  shall  not  engage  in  any  other  business. 

Municipal  and  other  corporations  invested  with  the  privilege 
of  taking  private  property  for  public  use  shall  make  just  com- 
pensation for  the  property  taken.     No  company  shall  be  permitted 


Compilation  of  Statutes.  93 

or  authorized  to  erect  its  poles  and  apparatus  along  streets  or 
public  places  without  the  consent  of  the  proper  legislative  bodies 
of  such  cities  or  towns,  and  no  municipality  shall  be  authorized  or 
permitted  to  grant  a  franchise  or  privilege  for  longer  than  twenty 
years. 

II.  DOMESTIC    COKPOllATIONS. 

At  least  three  people  must  associate  together  to  establish  a 
corporation;  they  shall  execute  articles  of  incorporation,  which 
shall  be  recorded  in  the  county  clerk's  office  of  the  county  in  which 
its  principal  office  is  located  and  a  copy  of  such  articles  shall  be 
tiled  and  recorded  in  the  office  of  the  Secretary  of  State. 

At  least  50  per  cent,  of  the  capital  stock  shall  be  in  good  faith 
subscribed  before  it  is  authorized  to  transact  any  business  with 
persons  other  than  its  stockholders.  If  the  directors  declare  and 
pay  a  dividend  when  the  oorporation  is  insolvent  or  any  dividend 
the  payment  of  which  would  render  it  insolvent  or  would  diminish 
the  amount  of  its  capital  stock,  they  are  jointly  and  severally  liable 
for  all  of  the  debts  of  the  corporation  then  existing  and  for  all 
that  shall  be  thereafter  incurred  while  they  or  a  majority  of  them 
continue  in  office. 

Each  director  must  own  not  less  than  three  shares  of  stock. 

All  corporations  shall  have  an  authorized  agent  at  one  or  more 
known  places  of  business  upon  whom  process  can  be  served. 

III.  TELEGRAPH  AND  TELEPHONE  CO^rPANIES. 

A  telegraph  company,  foreign  or  domestic,  shall  have  the  right 
to  construct  and  operate  its  lines  through  any  j)ublic  lands  and 
along  highways  and  along  the  right  of  way  and  structures  of  any 
railroad,  provided  it  shall  make  just  compensation  and  that  its 
poles  and  fixtures  be  erected  and  maintained  so  as  not  to  inter- 
fere with  the  use  or  travel  of  the  highways  or  railroads,  and  in  the 
event  that  an  agreement  for  such  a  right  of  way  cannot  be  had 
with  railroad  companies  it  may  file  a  petition  for  condemnation 
thereof. 

The  same  rights  as  above  are  granted  to  telephone  companies 
except  that  the  provisions  of  the  act  shall  not  apply  to  any  incor- 
porated town  or  village. 


94  Telegeaph  and  Telephone  Companies. 

IV.    TAXATION. 

Every  telegraph  or  telephone  company  shall,  in  addition  to 
other  tax,  annually  pay  a  tax  on  its  franchise  to  the  State  and  a 
local  tax  thereon  to  the  mnnicipality  where  its  franchise  may  W 
exercised. 

Each  company  shall  deliver  annually  to  the  Auditor  of  Public 
Accounts  a  certificate  showing  its  name,  place  and  kind  of  business, 
the  amount  of  capital'stock,  the  number  of  shares,  the  stock  paid 
in,  the  par  and  real  value,  the  highest  price  within  twelve  months 
preceding,  the  amount  of  surplus  and  undivided  profits  and  the 
value  of  all  other  assets.  The  total  amount  of  indebtedness,  the 
amount  of  gross  or  net  earnings  and  income  from  all  other  ser- 
vices, the  amount  and  kind  of  tangible  property,  where  situated, 
and  the  fair  cash  value  thereof ;  and  where  the  lines  extend  beyond 
the  State  or  county  limits,  the  statement  shall  show  the  length 
of  entire  lines  operated  or  owned  in  the  State  and  in  each  county, 
and  the  entire  lines  operated  or  owned  elsewhere;  and  if  a  foreign 
corporation  it  shall  further  show  the  gross  and  net  income  received 
in  the  State  and  out  of  the  State,  business  done  in  the  State  and 
the  gross  receipts  of  the  company  in  the  State  and  elsewhere  dur- 
ing the  preceding  year. 

The  State  Board  of  Valuation  and  Assessment  shall  fix  the 
value  of  the  capital  stock  which  the  length  of  the  lines  operated 
in  the  State  bears  to  the  total  length  of  the  lines,  and  each  cor- 
porate franchise  shall  be  liable  to  taxation  in  each  taxing  district 
through  Avhich  such  lines  are  operated  in  proportion  which  the 
length  of  line  in  such  district  bears  to  the  whole  length  of  line  in 
the  State. 

The  State  Auditor  shall  certify  to  the  taxing  districts  the 
amount  of  the  corporate  franchise  liable  to  such  local  taxation. 

Eighteen  months  before  the  expiration  of  any  franchise  it  shall 
be  the  duty  of  the  proper  legislative  body  to  provide  for  the  sale 
of  a  similar  franchise  to  the  highest  and  best  bidder  on  terms 
and  conditions  which  shall  be  fair  and  reasonable  to  the  public, 
to  the  corporation  and  to  its  patrons.  But  if  there  is  no  public 
necessity  for  the  kind  of  public  utility  in  question,  and  if  the 
municipality  shall  desire  to  discontinue  entirely  the  kind  of  ser- 
vice  in   question,   this   foregoiug   section   does   not   apply.      If   a 


Compilation  of  Statutes.  95 

municipality  desires  to  own  or  operate  on  public  account  the  utility 
in  question  and  shall  take  steps  necessary  within  two  years  before- 
the  expiration  of  the  franchise  and  shall  offer  to  purchase  at  a 
fair  value  the*  plant  of  the  company  which  is  then  rendering  the- 
service,  then  the  municipality  shall  be  under  no  obligation  to  sell 
or  renew  or  continue  the  franchise  in  question. 

The  fair  valuation  of  the  plant  shall  be  determined  by  three 
persons,  one  selected  by  the  municipality,  one  by  the  owners  of 
the  plant  and  the  third  to  be  selected  by  these  two.  The  plant 
shall  be  valued  as  a  going  concern,  but  no  allowance  shall  be 
made  for  future  growth. 

Xo  exclusive  privilege  shall  be  acquired  nor  shall  the  sale  of 
a  franchise  to  one  person  or  corporation  prevent  subsequent  sale 
of  a  similar  franchise  to  another  person  or  corporation. 

Cities  shall  have  the  power  to  grant  the  right  of  way  on  public 
streets  and  public  grounds  to  telephone  companies  for  a  term  not 
exceeding  twenty  years. 

V.  CRIMES  AND  PENALTIES. 

Malicious  or  wilful  injury  to  telegraph  or  telephone  lines  is 
punishable  by  confinement  in  the  penitentiary  for  not  more  than 
ten  years. 

If  any  agent  or  manager  of  a  telegraph  or  telephone  line  shall 
knowingly  transmit  any  false  intelligence  or. communication  with 
intent  to  injure  any  one  or  to  speculate  on  any  article  of  mer- 
chandise or  with  intent  that  another  may  do  so,  or  if  any  such 
agent  or  manager,  through  improper  methods  or  wilful  neglect, 
shall  hold  or  delay  the  transmission  or  delivery  of  messages  for 
which  the  charges  have  been  tendered  or  paid  he  shall  be  fined  not 
more  than  $500. 

VI.  L,I3IITATIONS  OF  TRADE  AND  COMMERCE. 

Pools,  trusts,  combines  or  confederations  for  the  purpose  of 
regulating,  controlling  or  fixing  the  price  of  any  merchandise, 
manufactured  article,  or  property  of  any  kind,  is  a  conspiracy; 
nor  shall  it  be  lawful  for  any  corporation  to  own,  issue  or  sell 
any  trust  certificate  or  for  any  corporation,  agent  or  director  to 
enter  into  any  agreement  with  any  director  or  agent  or  another 


^Q  Telegkapii  and  Telephone  Companies. 

corporation,  the  purpose  of  which  agreement  would  be  to  place 
the  management  or  control  or  any  part  of  the  business  of  such 
combination  or  the  manufactured  product  thereof,  in  the  hands 
or  under  the  control,  in  whole  or  in  part,  of  any  trustee  with  intent 
or  to  have  the  effect  to  limit,  fix,  establish  or  change  the  price  of 
production  or  sale  of  any  article  or  to  prevent,  restrict  or  in  any 
way  diminish  the  manufacture  or  output  of  any  such  article. 

The  punishment  for  any  violation  of  this  act  by  a  corporation 
is  the  fine  of  not  more  than  $5,000,  and  of  any  individual  or  offi- 
cer of  a  fine  of  not  more  than  $5,000  or  imprisonment  not  to 
exceed  twelve  months,  or  both. 

Any  contract  in  violation  of  the  foregoing  provisions  shall  be 
null  and  void,  and  any  purchaser  of  property  or  commodity  from 
any  comj)any  or  person  transacting  business  contrary  to  the  pre- 
ceding section  shall  not  be  liable  for  the  price  or  payment  of  such 
article  and  may  plead  and  rely  upon  this  act  as  a  complete  defense 
to  any  suit  for  such  price  or  payment,  and  if  any  corj)oration 
shall  be  indicted  or  convicted  for  any  violation  of  such  act,  such 
conviction  shall  have  the  effect  to  forfeit  its  charter. 

VII.    liEGISLATIJKE. 

The  General  Assemblv  shall  meet  every  two  vears. 


COMriLATIOX    OF    STATUTES.  97 


LOUISIANA. 


I.    CONSTITUTION. 

Domestic  or  foreign  corporations  must  have  one  or  more  known 
places  of  business  and  appoint  an  agent  within  the  State  upon 
whom  process  may  be  served. 

Corporations  shall  not  take  or  hold  real  estate  for  a  longer  period 
than  ten  years,  except  such  as  may  be  necessary  and  proper  for  its 
legitimate  business  or  purposes.  The  capital  stock  shall  not  be 
increased  or  decreased  without  the  consent  of  the  persons  holding 
the  larger  amount  in  value  of  its  stock.  Xo  foreign  corporation 
shall  institute  any  action  against  the  State  or  its  public  officers  or 
against  any  corporation  or  citizen  of  the  State  in  any  court  other 
than  such  as  may  be  created  and  organized  under  the  constitution 
and  laws,  nor  shall  it  when  sued  remove  said  action  to  any  other 
court  than  one  created  and  organized  under  the  laws  of  this  State, 
and  if  it  shall  so  do  it  shall  be  barred  and  deprived  of  the  right  to 
conduct  business  in  the  State  and  thereafter  any  contract  for  or  by 
or  to  said  corj^oration  shall  be  utterly  null  and  void. 

!N^o  free  transportation  or  discrimination  in  passenger,  tele- 
graph or  telephone  rates  shall  be  granted  to  members  of  the  Gen- 
eral Assembly  or  to  any  public  officer. 

A  Railroad,  and  Telegraph  and  Telephone  Commission  is 
created.  The  Commission  is  authorized  to  adopt,  change  or  make 
reasonable  and  just  rates  and  regulations  to  govern  and  regulate 
telephone  and  telegraph  charges;  to  prevent  unjust  discrimination 
and  extortion  in  the  rates  on  the  different  lines  of  the  State  and  to 
prevent  such  companies  from  charging  any  greater  compensation 
in  the  aggregate  for  the  like  kind  of  messages  for  a  shorter  than  a 
longer  distance  over  the  same  line,  and  to  enforce  the  same  by  hav- 
ing penalties  inflicted  through  the  proper  courts.  The  penalty  for 
violating  the  rates,  charges  or  rules  or  decisions  fixed  by  the  Rail- 
road Commission  is  of  forfeit  of  not  more  than  $5,000. 

The  power  and  authority  of  the  Railway  Commission  effects  and 
equally  includes  not  only  the  transportation  of  telegraph  and  tele- 
Vol.  2  —  7 


98  Telegraph  a^tu  Telephone  Companies. 

phone  messages  between  points  within  the  State  and  the  use  of 
instruments  within  the  State,  but  also  shall  affect  and  include  all 
matters  or  things  connected  with,  and  concerning  the  service  to  be 
given  by  telegraph  and  telephone  companies  in  the  State,  and  their 
operation  therein. 

Free  service  to  municipalities,  charitable  institutions  or  any 
destitute  or  indigent  person  is  not  prohibited. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
■without  just  and  adequate  compensation  to  be  first  paid.  A  State 
Board  of  Appraisers  is  ap^^ointed,  whose  duty  it  shall  be  to  assess 
the  property  belonging  to  corporations  employed  in  the  telegraph 
or  telephone  business. 

Railw^ays  are  expressly  declared  to  be  public  highways. 

It  is  unlawful  for  persons,  corporations  or  their  legal  representa- 
tives to  combine  or  conspire  together  or  to  unite  or  pool  their  inter- 
ests for  the  purpose  of  forcing  up  or  down  the  price  of  any  agri- 
cultural product  or  article  of  necessity  for  speculative  purposes 
and  the  Legislature  shall  pass  laws  to  suppress  it.  The  funds, 
credit  or  property  of  the  State  or  any  political  corporation  thereof 
shall  not  be  pledged,  loaned  to  or  for  any  person  or  corporation, 
public  or  private,  nor  shall  the  State  or  any  political  corporation 
purchase  or  subscribe  to  the  stock  of  any  corporation  whatever  or 
for  any  private  enterprise,  nor  shall  the  State  undertake  to  carry 
on  the  business  of  any  private  or  foreign  corporation  or  become 
a  part  owner  therein. 

II.    CORPORATIONS. 

ISFot  less  than  six  persons  may  form  a  corporation. 

Charter  of  incorporation  shall  contain  its  name,  place  of  domi- 
cile, its  purposes,  and  the  designation  of  the  officer  upon  whom 
citation  may  be  served,  the  amount  of  its  stock  and  the  number 
and  amount  of  each  charter,  and  the  time  which,  and  the  manner  in 
which  payment  of  stock  shares  shall  be  made,  and  the  mode  in 
which  elections  of  directors  shall  be  conducted,  and  the  mode  of 
liquidation  at  the  termination  of  the  charter. 

The  original  charter  and  subscriptions  for  the  purpose  of  organi- 
zation shall  be  recorded  in  the  office  of  the  Recorder  of  Mortgages, 
at  the  domicile  of  the  corporation  and  published  once  a  week  for 
thirty  days.  ; 


Compilation  of  Statutes.  99 

A  corporation  shall  forfeit  its  charter  for  insolvency  evidenced 
by  a  return  of  no  property  found  on  execution.  Any  two  business 
and  manufacturing  corporations  whose  objects  and  business  are  of 
the  same  nature  may  consolidate  and  form  one  consolidated  com- 
pany. All  meetings  must  be  held  at  the  domicile  of  the  corporation 
which  must  establish  the  same  at  some  place  within  the  State  and 
not  elsewhere. 

A  certified  copy  of  the  charter,  together  with  an  issue  of  the 
paper  in  which  the  same  was  published,  shall  be  filed  in  the  office 
of  the  Secretary  of  State. 

Every  foreigTi  corporation  doing  business  in  the  State,  must  file 
with  the  Secretary  of  State  a  designation  of  a  domicile  and  appoint 
an  agent  within  the  State  upon  whom  process  may  be  served  and 
such  agent  must  be  a  resident  of  the  parish  where  such  corporation 
has  first  established  business  and  if  such  designation  be  not  made, 
and  such  corporation  shall  do  any  business  in  the  State,  service  of 
process  in  an  action  may  be  made  upon  the  Secretary  of  State  with 
the  same  validity  as  if  such  corporation  shall  have  been  personally 
served. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Foreign  or  domestic  corporations  may  construct  and  maintain 
telegraph  and  telephone  lines  necessary  to  transmit  intelligence 
along  all  State  or  public  roads,  and  along  and  parallel  to  any  of  the 
railroads,  and  along  and  over  the  waters  of  the  State,  providing 
that  the  ordinary  use  of  such  roads,  railroads  and  water  be  not 
obstructed,  and  along  the  streets  of  any  city  wath  the  consent  of  the 
council,  or  trustees  thereof.  Telegraph  and  telephone  comiDanies, 
foreign  or  domestic,  owning  property  in  the  State,  may  borrow, 
from  time  to  time,  such  sums  of  money  as  may  be  required  for  its 
corporate  purposes,  and  may  issue  bonds  or  other  obligations 
secured  by  mortgage  or  pledge  or  both  of  their  franchises  and 
property  or  present  or  future  incomes. 

All  messages  shall  be  transmitted  which  are  not  immoral  or  con- 
trary to  law,  which  shall  be  presented  by  persons  offering  to  pay 
the  usual  rates  thereof  in  the  order  in  which  the  usual  appli- 
cations are  made.  All  telegraph  and  telephone  companies  are 
required  to  pay  at  the  place  where  the  message  is  to  be  delivered 
or  where  it  is  offered,  at  the  option  of  the  party  making  a  claim,  for 


100  Telegraph  asd  'l^^i/BrnoiVE  CoiiPANiEs'.- 

all  damages  that  may  arise  frorii  ihe'  failure  or  neglect  to*  trailsiait 
or  deliver  or  for  any  delay  in  tbe'  transmission  or  delic^ery  of 
any  message  handled  by  them  or  over  fh«m  for  transmission. 

The  power  and  authority  is  vested  in  the  Railroad  Commission" 
to  require  telegraph  and  telephone  compmaies  to  establish  rates 
between  points  in  this  State ;  provided  nothing  in  the  act  shall  bo 
construed  to  mean  that  any  telephone  or  telegraph  company  shall 
be  required  to  connect  its  wires  and  aj^paratus  with  the  wires  or 
apparatus  of  any  other  telephone  or  telegraph  company,  and  in 
the  event  of  failure  to  fix  the  rates  by  the  company,  the  GommissioB 
may  fix  such  rates  upon  the  application  of  any  person,  firm  or  cor- 
poration and  such  rates  and  charges  made  and  established  shall  gO' 
into  effect  within  thirty  days  after  the  same  shall  have  been  pro- 
mulgated, by  publication  in  the  official  journal  of  said  Commission,, 
and'  written  or  telegraphic  notice  given  to  the  companies. 

Before  the  promulgation  of  rates  the  Commission  shall  notify 
the  telegraph  and  telephone  companies  interested  of  the  proj^osedl 
schedule  of  joint  through  rates,  and  shall  allow  such  companies- 
thirty  days  to  agree  upon  a  division  of  the  charges  provided  for  by 
any  such  schedule,  and  if  the  companies  fail  to  agree  upon  a  divi^ 
sion  and  notify  the  Commission  thereof  which  shall  have  a  hearing 
of  the  corporations  interested  to  decide  the  matter  and  determine 
how  such  division  should  be  made.  The  orders  of  such  Commis- 
sion shall  remain  in  effect  until  set  aside  by  a  competent  court  and 
suit  to  set  aside  such  orders  shall  be  brought  within  three  months. 

The  Railroad  Commission  shall  have  power  to  establish  tele- 
graph or  public  telephone  stations  along  existing  lines  wherever 
the  same  may  be  reasonably  necessary  and  convenient  and  require 
companies  to  transmit  promptly  all  messages,  and  to  adopt  any  and 
all  reasonable  and  just  rules  and  regulations  affecting  or  connected 
with  the  service  and  operation  of  telegraph  and  telephone  com- 
panies in  the  State,  and  may  make  and  change  reasonable  and  just 
rules,  regulations  and  orders  affecting  and  concerning  the  service 
to  be  given  and  furnished  by  telephone  and  telegraph  companies  in 
the  State,  and  their  operation  in  the  State.  Any  agent  or  employee 
of  a  public  service  corporation  failing  to  comply  with  the  rules  of 
the  Railway  Commission  is  guilty  of  a  misdemeanor. 

All  telegraph  or  telephone  companies  operating  telegraph  and 
telephone  lines  in  the  State  shall  keep  a  copy  of  this  law  posted  in 


COMPILATIOX    OF    STATUTES.  101 

a   conspicnons   place   in   each   of   its   offices,    public   stations,    or 
exchanges. 

IV.    TAXATION. 

The  State  Board  of  Appraisers  shall  meet  annually  for  the  pur- 
pose of  assessing  for  taxation  the  property  belonging  to  corpora- 
tions employed  in  railway,  telegraph,  telephone,  sleeping  car  and 
express  business.  The  Board  has  power  to  examine  records  and 
to  summon  and  compel  the  attendance  of  witnesses.  The  State 
Board  of  Appraisers  shall  make  a  true  and  correct  assessment  of 
valuation  of  all  properties  belonging  to  the  companies  employed 
in  the  railway,  telegraph,  telephone,  sleeping  car  and  express  busi- 
ness, and  shall  make  due  return  to  the  different  municipal  authori- 
ties of  the  property  assessed  and  its  value  in  their  separate  juris- 
dictions. 

The  term  property  as  used  in  the  act  includes  all  real  estate,  all 
improvements  thereto.  All  other  untaxed  land,  all  other  telephone 
and  telegraph  lines  and  all  movable  and  immovable  corporeal  and 
uneorporeal  articles  or  things  of  value  owned,  operated  and  con- 
trolled within  the  State  by  any  person  in  any  capacity  whatever. 

The  real  property  and  superstructure  of  telegraph  companies 
shall  be  assessed  and  taxed  in  the  assessment  district  where  located, 
but  the  rolling  stock  or  movable  property  of  any  railroad  or  tele- 
graph company  whose  line  lies  partly  within  the  State  and  partly 
without  the  State  shall  be  assessed  in  the  State  in  the  ratio  which 
the  number  of  miles  of  line  within  the  State  is  to  the  total  number 
of  miles  of  the  entire  line. 

The  annual  license  tax  is  levied  for  carrying  on  telegraph  and 
telephone  business  and  the  same  shall  be  based  on  the  gross  annual 
receipts  of  each  person  or  corporation  engaged  in  such  business. 
Where  any  firm  or  corporation  shall  lease,  operate  or  control  the 
business,  franchise  or  property  of  other  corporations  they  shall 
pay  a  separate  license  for  each  business. 

The  license  required  to  be  taken  out  shall  be  posted  in  a  con- 
spicuous place  in  the  place  of  business  and  failure  so  to  do  imposes 
a  penalty  of  not  more  than  $100. 

An  annual  license  tax  is  levied  upon  a  foreign  telegraph  com- 
pany of  $3  upon  each  $100  of  gross  receipts  from  business  done 


102  Telegraph  and  Telephone  Companies. 

wholly  within  the  State,  and  levied  upon  telephone  companies  of 
$5  upon  each  $1,000  of  gross  recei2:)ts  from  all  sources  from  all 
business  done  within  the  State. 

Any  municipal  or  parochial  corporation  in  the  State  shall  have 
the  right  to  impose  a  license  tax  upon  any  business,  occupation  or 
profession  herein  provided  foi. 

Cities,  towns,  and  villages  have  power  to  grant  the  right  for 
the  erection  of  telegraph  or  telephone  poles  and  wires  along  any  of 
the  streets  or  ways  of  tlie  municipality  and  change,  modify  and 
regulate  the  same,  but  such  privilege  shall  not  be  exclusive. 

V.    CRI3IES  AND  PENALTIES. 

Any  grantee  of  any  franchise  granted  by  the  State,  or 'any  parish 
or  municipal  corporation,  whereby  the  grantee  or  lessee  is  "^^o  enjoy 
certain  rights  and  privileges  and  collect  certain  dues  or  fees  in 
connection  with  such  grant  or  franchise  shall  not  wilfully  or  inten- 
tionally overcharge  or  make  any  other  charge  than  those  specified 
in  such  grant  or  franchise,  and  the  penalty  therefor  shall  be  a  fine 
of  not  more  than  $25,  or  more  than  thirty  days  imprisonment; 
and  for  the  second  and  subsequent  offenses  not  more  than  $50,  or 
sixty  days  imprisonment,  or  both,  at  the  discretion  of  the  court 
for  each  violation.  Unlawful  and  intentional  injury  or  destruction 
of  any  telegraph  lino  or  materials  belonging  thereto,  or  any 
molestation  or  interference  with  or  interruption  of  the  use  or 
operation  of  any  such  line,  is  punishable  by  fine  not  exceeding  $500 
or  imprisonment  not  exceeding  one  year,  or  both.  ^NTo  operator  or 
person  in  the  employ  of  a  telegraph  company  shall  refuse  or  omit 
to  send  or  deliver  any  despatch  or  message  of  which  the  charges 
or  fees  have  been  paid  oi*  offered  to  be  paid,  or  cause  or  direct  the 
same  to  be  detained,  or  held,  nor  given  precedence  to  a  message  or 
despatch  subse<pieiitly  1)rought  to  tlie  ofRcc  or  station,  nor  shall 
such  operator  or  agent  in  any  way  give  precedence  in  sending  or 
delivering  any  despatch  or  message  belonging  to  a  director,  officer 
or  stockholder  of  such  company  or  other  person  for  any  despatch  or 
message  previously  offered  for  transmission,  nor  shall  such  agent 
reveal  or  make  ])ublic  any  despatch  or  message  and  the  punish- 
ment therefor  is  a  fine  of  not  more  than  $1,000,  one-half  to  the 
charity  hos{)ital  of  Xcnv  Orleans  and  the  other  one-half  for  the  use 


V_/U-M±'l-LAliU->      Ub      OlAlUil'.S. 


of  the  parish  where  such  offense  was  comiuittccl,  and  such  agent 
shall  be  answerable  in  damages  to  the  party  injured,  and  for  a  sub- 
sequent offense  the  penalty  is  also  imprisonment  for  a  period  not 
exceeding  three  months. 

A  State  Board  of  Arbitration  and  Conciliation  is  formed. 

VI.    LIMITATIONS  OF  TRADE  AND  C03IME11CE. 

Every  contract  or  combination  in  the  form  of  trust  or  conspiracy 
in  restraint  of  trade  or  commerce,  or  to  fix,  or  limit  the  amount  or 
quantity  of  any  article,  commodity  or  merchandise  to  be  manu- 
factured or  mined,  produced  or  sold  in  the  State,  is  declared  illegal, 
and  the  penalty  therefor  shall  be  a  fine  not  exceeding  $5,000  or 
imprisonment  not  exceeding  one  year,  or  both.  Any  j^erson  who 
shall  monopolize  or  attempt  to  monopolize  any  part  of  the.  trade  or 
commerce  within  the  State  shall  be  guilty  of  a  misdemeanor  and  be 
subject  to  a  like  penalty. 

It  is  unlawful  to  enter  into  or  maintain  a  combination  or  agree- 
ment expressed  or  implied  to  create  or  carry  out  restrictions  in 
trade,  and  to  limit  or  reduce  the  production  or  to  increase  or  reduce' 
the  price  of  merchandise,  produce,  or  commodities,  or  to  prevent 
competition  or  to  fix  any  standard  or  figure  whereby  merchandise 
or  commodity  shall  be  controlled  or  established  in  price,  or  to 
carry  out  or  make  any  agreement  which  shall  combine,  those  enter- 
ing therein  not  to  sell,  dispose  of  or  transport  any  article  or  com- 
modity below  a  standard  figure,  or  by  which  they  shall  agree  in  any 
way  to  keep  the  price  of  such  article  at  a  fixed  or  graded  figure, 
or  by  which  they  shall  in  any  way  establish  or  fix  the  price  of  any 
article  or  commodity  or  transportation  between  them  or  themselves 
and  others  to  preclude  free  and  unrestricted  competition  among 
themselves  or  others  in  the  sale  or  transportation  of  any  such 
article  or  commodity,  or  by  which  they  shall  agree  to  pool,  combine, 
or  unite  any  interest  they  may  have  in  connection  with  the  sale  or 
transportation  of  any  such  article  or  commodity  that  its  price  may 
in  any  way  be  affected. 

Any  corporation  holding  a  charter  under  the  laws  of  the  State 
affected  by  a  violation  hereof  shall  forfeit  its  rights  and  franchises 
and  its  corporate  existence  shall  cease  and  determine,  and  any 
foreign  corporation  so  convicted  is  denied  the  right  and  prohibited 
from  doing  any  business  within  the  State. 


104:  Telegraph  and  Telephone  Companies. 

Any  violation  of  this  act  is  declared  a  conspiracy  against  trade, 
and  any  person  who  may  be  engaged  in  such  conspiracy  shall  be 
punished  by  a  fine  of  not  more  than  $1,000  and  imprisonment  of 
not  more  than  one  year,  or  by  either  fine  or  imprisonment,  or  both. 
Any  contract  or  agreement  in  violation  of  the  provisions  of  this 
act  shall  be  void,  provided  that  the  same  shall  not  apply  to  agri- 
cultural products  or  live  stock  while  in  the  hands  of  the  producer 
or  raiser.  This  act  shall  not  be  construed  so  as  to  affect  any  com- 
bination of  or  confederation  of  laborers  for  the  purpose  of  p)rocur- 
ing  an  increase  of  their  Avages  or  a  redress  of  grievances.  Dis- 
criminating between  the  diiferent  localities  or  communities  in  the 
State  in  the  sale  of  commodities  is  prohibited  and  the  person  or 
corporation  engaged  therein  shall  be  guilty  of  an  unfair  discrim- 
ination which  is  prohibited  and  declared  a  misdemeanor,  and  all 
sales  so  made  shall  be  construed,  prima  facie,  as  unfair  discrim- 
ination ;  the  penalt}^  therefor  shall  be  a  fine  of  not  more  than 
$5,000  or  imprisonment  not  more  than  two  years,  or  both,  and  if 
any  corporation,  foreign  or  domestic,  is  found  guilty  of  unfair 
discrimination,  the  permit  or  license  to  do  business  within  the 
State  shall  immediately  be  revoked  by  the  Secretary  of  State. 

VII.    LEGISLATURE. 

The  General  Assembly  shall  meet  biennially. 


CoMPiLATiOiV  OF  Statutes.  105 


MARYLAND. 


I.  CONSTITUTION. 

Corporations  shall  not  be  created  bj  special  act,  except  for 
municipal  purposes,  and  all  charters  granted  and  created  are  sub- 
ject to  repeal  or  modification,  and  may  be  altered  from  time  to 
time. 

The  credit  of  the  State  shall  not  be  loaned  to  any  individual, 
association  or  corporation,  nor  shall  the  credit  of  any  county  of  the 
State  be  loaned  to  corporations  unless  authorized  by  an  act  of  the 
General  Assembly. 

IsTo  private  property  shall  be  taken  for  public  use  without  just 
compensation. 

II.  CORPORATIONS. 

Corporations  may  be  formed  by  any  five  or  more  persons,  citizens 
of  the  United  States,  and  a  majority -of  them  citizens  of  the  State, 
and  may  be  formed  for  the  constructing,  owning,  or  operating  of 
telegraph  or  telephone  lines  within  the  State  where  the  principal 
office  of  the  company  is  located  in  the  State,  and  for  the  transac- 
tion of  any  business  in  which  electricity  over  or  through  wires 
may  be  applied  to  an}'-  useful  purpose,  and  any  company  may  be 
incorporated  for  any  two  or  more  purposes  aforesaid,  when  in  the 
judgment  of  those  forming  the  company  the  same  may  be  con- 
ducted by  one  corporation  to  its  general  interests. 

Any  corporation  may  unite  with  another  where  the  capital  stock 
of  both  has  been  fully  paid  in  and  where  the  companies  have  been 
originally  incorporated  in  whole  or  in  part  for  the  same  purposes. 

A  certificate  of  incorporation  must  be  signed  and  acknowledged 
setting  forth  lhe  name  and  residence  of  the  applicant,  the  proposed 
name  of  the  company,  and  its  objects,  the  place  where  its  opera- 
tions are  to  be  carried  on,  the  capital  stock,  number  of  shares,  and 
the  number  of  directors,  or  managers,  and  their  names,  which  cer- 
tificate shall  be  submitted  to  a  judge  of  the  judicial  circuit,  where 
the  office  of  the  company  is  to  be  located,  and  if  such  judge  certifies 
that  the  certificate  is  in  conformitv  with  the  law,  it  shall  be  re- 


100  Telegkapii  aad  Telephone  Companies, 

corded  in  the  clerk's  office  for  the  Circuit  Court  for  the  county 
where  the  principal  office  shall  be  located. 

The  property  and  affairs  of  any  company  shall  be  managed  by 
not  less  than  four  or  more  than  twelve  directors  or  managers. 

Within  thirty  days  of  the  payment  of  the  last  installment  of 
capital  stock,  the  j)resident  and  a  majority  of  the  directors  shall  file 
a  certificate  stating  the  amount  of  stock,  and  of  all  property  re- 
ceived in  payment,  with  the  clerk  of  the  court  in  which  this  cer- 
tificate of  incorporation  was  originally  recorded.  Loans  shall  not 
be  made  by  the  corporation  to  any  stockholder.  A  statement  of 
the  affairs  of  the  corporation  shall  be  given  by  the  finance  officer 
under  oath  upon  written  demand  by  any  person  or  persons  owning 
5  per  cent,  of  the  capital  stock,  and  upon  failure  so  to  do,  shall  for- 
feit to  the  person  presenting  the  request  $50,  and  a  further  sum  of 
$25  for  every  twenty-four  hours  thereafter  until  such  statement 
shall  be  furnished.  Every  corporation  shall  cause  to  be  made 
semi-annually  statements  of  its  afl:'airs,  which  shall  be  recorded  in 
a  book  kept  in  its  principal  office.  The  capital  stock  of  any  cor- 
poration may  be  increased  or  decreased,  or  the  par  value  of  its 
stock  may  be  changed. 

Foreign  Corporations. 

Foreign  corporations,  except  telephone,  banking,  insurance, 
railroad,  electric  light,  or  construction  companies  shall,  before 
transacting  any  business  in  the  State,  file  with  the  Secretary  of 
State,  a  certified  copy  of  its  charter  of  incorporation  together  with 
a  statement  from  its  chief  executive  officer  setting  forth  the  amount 
of  its  stock,  and  the  amount  issued,  its  assets  and  liabilities  and 
character  of  its  business  within  the  State,  its  principal  office,  and 
the  name  of  its  agents  upon  whom  legal  process  can  be  served. 
Upon  receipt  of  which  and  the  fees  provided  by  law,  the  Secretary 
of  State  shall  issue  to  such  company  a  certificate  that  its  business 
is  such  as  may  be  lawfully  carried  on  in  the  State. 

If  any  officer  of  a  foreign  corporation,  before  procuring  such 
certificate  shall  do  business  in  the  State,  he  shall  forfeit  the  sum 
of  $100  for  every  day  he  shall  act  as  such  agent  or  may  occupy 
office  for  the  transaction  of  such  business  and  no  such  foreign  cor- 
poration shall  be  permitted  to  maintain  an  action  in  law  or  any 
equity  in  the  State  until  it  shall  have  complied  with  the  require- 
ments of  the  statutes. 


Compilation  of  Statutes.  107 

iii.  telegraph  and  telephone  companies. 

Corporations  for  owning,  leasing,  constructing  or  operating  tele- 
graph lines  in  the  State  or  through  the  State  may  be  formed  and 
mav  purchase  or  lease  any  property  within  the  State  belonging  to 
any  other  telegraph  company,  and  such  company  may  construct 
its  lines  through  the  State  and  uj)on  any  roads,  streets,  and  high- 
ways and  across  any  bridges  or  waters  by  erecting  the  necessary 
poles,  and  fixtures,  provided  same  shall  be  so  constructed  as  not 
to  incommode  the  public,  and  such  company  shall  be  responsible 
for  any  damages  which  any  person  or  corporation  may  sustain  by 
the  erection,  continuance  and  use  of  such  fixtures;  provided,  how- 
ever, that  such  recovery  cannot  be  had  until  the  telegraph  com- 
pany shall  have  failed  or  refused  to  remove  in  a  reasonable  time 
the  fixtures  complained  of;  or  the  company  may  apply  for  and  be 
entitled  to  condemn  such  lands  and  property  and  the  damage  sus- 
tained thereby  shall  be  appraised  by  a  jury. 

Such  telegraph  companies  may  extend  their  lines  into  any  other 
State  or  may  lease,  sell  or  convey  its  franchises,  rights,  and  privi- 
leges to  any  other  telegraph  company  and  may  purchase  property 
and  franchises  of  other  companies,  and  may  consolidate  with  any 
other  companies. 

Every  telegraph  company  shall  receive  despatches  from  other 
telegraph  lines  and  from  individuals,  and  shall  transmit  the  same 
in  the  order  in  which  they  are  received  with  impartiality  and  good 
faith  under  a  penalty  of  $100  for  every  neglect  or  refusal  so  to  do. 

Any  unlawful  or  intentional  injury  or  destruction  of  any  tele- 
graph lines,  poles  or  fixtures  is  a  misdemeanor,  as  is  the  divulging 
of  the  contents  of  any  private  communication  entrusted  to  any 
agent  for  transmission  or  delivery  or  for  the  refusal  or  neglect  to 
transmit  and  deliver  the  same. 

Telephone  Com'panies, 

The  provisions  relating  to  telegra]>h  companies  apply  likewise 
to.  telephone  companies. 

No  company  managing,  owning  or  o])('rating  any  telephone  lines 
within  the  limits  of  any  municipality  shall  charge  or  receive  as 
rental  for  the  use  at  any  and  all  hours  of  the  day  and  night 
of  such  telephone  and  lines  communicating  with  a  central  ex- 
change throuo'h  whicli   conversntion  niav  ho  hold,   oxvv  all   other 


108  Telegraph  and  Telephone  Companies. 

lines  coinninnieatiiig  with  such  exchange  or  point  of  com- 
munication in  snch  city  or  town,  a  snm  exceeding  $(3.50 
per  month  Avhen  one  telephone  only  is  rented  by  one  in- 
dividnal  or  corporation  located  Avithin  a  radius  of  two  miles 
from  the  central  exchange,  and  $1  additional  per  month  for  every 
additional  mile  distant  from  such  exchange ;  where  two  or  more 
teleiDhones  are  rented  by  the  same  individual  or  company,  located 
within  a  radius  of  two  miles  from  the  central  exchange,  the  rental 
per  month  for  each  telephone  so  rented  shall  not  exceed  $5.50  per 
month,  aud  $1  per  month  for  every  additional  mile  distant  from 
such  exchange,  provided  that  the  individual  or  company  desiring  to 
use  such  telephone  and  lines  shall  agree  to  contract  for  the  use 
thereof  for  a  ])eriod  of  not  less  than  six  months. 

Where  any  two  cities,  towns  or  villages  in  the  State  are  connected 
by  wire  operated,  controlled  or  owned  by  any  individual  or  com- 
pany, the  price  for  the  use  of  any  telephone  for  the  purpose  of  con- 
versation between  such  cities,  towns  or  villages  shall  average  five 
minutes  or  fraction  of  five  minutes,  of  such  use  not  exceeding  the 
following  amounts,  namely:  Where  the  distance  does  not  exceed 
ten  miles,  15  cents;  exceeding  ten  luiles  and  less  than  thirty  miles, 
25  cents;  uiore  than  thirty  uiiles  and  less  than  fifty  miles,  1  cent 
per  mile;  and  where  distance  is  more  than  fifty  miles,  50  cents; 
and  on(!-half  a  cent  for  each  mile  in  excess  of  fifty  miles. 

The  word  telephone  shall  be  construed  to  include  and  consist  of 
a  recei\'er,  a  transmitter,  and  magneto  or  call  bell,  or  cell  battery, 
a  back-board,  a  battery  box,  and  all  necessary  appliances  now  and 
hereafter  in  use  for  and  constituting  a  telephone  equipment  as 
now  and  heretofore  rented  by  telejihone  companies  to  tlieii-  patrons 
and  snbsci-ibers. 

Every  ('oiii])any  (uigaged  in  a  gen(M-al  tele]dione  l)nsiness  shall 
within  the  local  limits  of  its  business  sui)ply  all  ap]>licants  for 
t(de))hone  eoniieetions  and  facilities  for  the  same  wilhont  discrim- 
ination or  im])artiality,  and  no  such  company  shall  impose  any 
conditions  or  rc^strictions  upon  such  ;i|)])licant  thai  ai'e  not  imposed 
im])artially  upon  all  persons  or  com])anies  in  ]\\<c  situation,  nor 
shall  such  com])anies  discrimimit(^  against  any  individual  or  com- 
]iany  (ugaged  in  any  lawful  busin(\ss  or  between  individuals  or 
companies  engaged  in  the  same  business  by  recpiiring  as  a  condition 


Compilation  of  Statutes.  109 

for  funiisliiiig  such  facilities  that  they  shall  not  be  used  in  the 
business  for  the  applicant  or  otherwise  for  any  lawful  purpose. 

The  penalty  for  charging  unlawful  rates  shall  be  not  less  than 
$100  for  each  oifense  to  be  imposed  upon  the  operator  or  agent  or 
person  collecting  the  same;  providetl,  however,  that  a  contract  in 
writiug  nuiy  be  nuide  for  :?pccial  services  at  other  rates,  but  any 
individual  or  company  managing  or  operating  a  telephone  line 
within  the  State  shall  furnish  telephone  equipment  and  service 
of  the  kind  and  description  which  is  now  furnished  by  the  Chesa- 
peake and  Potomac  Telephone  Company  of  Baltimore  city,  and 
as  a  condition  ]irecedent  to  the  exercise  of  any  of  the  power  con- 
ferred by  this  statute  such  company  shall  file  in  the  office  of  the 
clerk  of  the  Court  of  Appeals  of  the  State  a  full  and  adequate 
description  in  detail  and  certified  by  the  Governor  of  the  State  to 
be  a  full  and  adequate  description  of  the  equipment  now  used  by 
such  company  in  furnishing  the  services  mentioned  in  this  pro- 
viso, and  the  said  equipment  shall  always  include  and  secure  for 
each  subscriber  a  separate  wire.  The  penalty  for  the  failure  so  to 
do  is  a  fine  of  not  more  than  $200,  imposed  upon  the  said  company 
or  its  agents;  and  provided,  that  any  person  entitled  to  telephone 
service  under  the  provisions  of  this  statute,  but  no  other  person, 
shall  have  the  right  and  privilege  to  use  without  extra  charge  any 
other  telephone  equipment,  with  the  consent  of  the  subscriber  to 
the  last-mentioned  equipment,  and  any  individual  company  or  its 
officers  and  agents  and  the  agent  of  every  such  individual  refusing 
or  neglecting  to  allow  such  right  or  privilege,  shall  be  liable  to 
indictment,  and  upon  conviction  a  fine  of  not  more  than  $200. 

IV.    TAXATION. 

It  shall  be  unlawful  for  any  telegraph  company  to  open  an 
office  for  the  transaction  of  such  business  in  the  State  without 
obtaining  a  license,  the  tax  upon  the  company  or  individual 
proposing  to  do  business  by  telegraph  within  the  State  shall  be 
the  sum  of  $300  for  one  year,  or  a  proportional  part  of  such 
sum  for  any  fractional  part  of  a  year  not  less  than  one  month ;  and 
upon  failure  to  obtain  such  license  the  penalty  for  attempting  to 
do  business  without  the  same  is  a  penalty  of  $1,000  to  be  recovered 
in  an  action  in  the  name  of  the  State,  one-half  of  such  penalty  to 
be  paid  to  the  informer,  and  any  agent  acting  for  such  company  in 


110  Telegkaph  and  Telephone  Companies. 

violation  of  its  provision  shall  be  liable  to  indictment  and  a  fine 
not  exceeding  $500. 

A  license  tax  of  $12  per  year  is  imposed  upon  any  telegraph 
company  or  person  proposing  to  do  the  business  of  telegraphing 
for  profit  within  the  limits  of  any  single  county  in  the  State  or 
within  the  limits  of  the  city  of  Baltimore,  and  any  agent  or  other 
person  violating  the  foregoing  shall  be  liable  to  indictment  and  a 
fine  of  not  more  than  $100. 

A  Tax  Commissioner  is  appointed,  and  by  the  Governor,  who 
shall  assess  annually  for  State  purposes  shares  of  capital  stock  of 
all  corporations  located  or  doing  business  in  the  State,  whose  shares 
of  stock  are  liable  to  assessment  and  taxation;  and  a  State  fran- 
chise tax  is  levied  annually  of  21/2  per  cent,  upon  the  gross  receipts 
or  earnings  of  every  telegraph  company,  and  of  2  per  cent,  upon 
the  gross  receipts  or  earnings  of  any  telephone  companies  incor- 
porated and  doing  business  in  the  State,  and  if  any  such  company 
has  a  part  of  its  line  in  this  State,  and  a  part  in  any  other  State, 
such  companies  shall  return  a  statement  of  the  whole  of  its  gross 
earnings  and  shall  pay  the  State  at  the  said  rates  upon  such  pro- 
portion of  its  gross  earnings  as  the  length  of  its  line  in  the  State 
bears  to  the  whole  length  of  its  line. 

Telegraph  or  telephone  companies  shall  annually  report  to  the 
State  Tax  Commissioner  its  total  receipts  from  business  done  in 
the  State,  which  Tax  Commissioner  shall  calculate  the  said  tax 
due  on  such  gross  receipts  and  transmit  the  amount  thereof  to  the 
State  Comptroller  to  be  by  him  collected.  A  false  report  shall  be 
deemed  perjury  and  upon  the  neglect  or  failure  to  make  such  state- 
ment the  State  Tax  Commissioner  shall  ascertain  and  fix  the 
amount  of  the  gross  receipts  and  revenues  of  such  company  and 
calculate  and  assess  the  State  tax  thereon. 

Every  foreign  telephone  company  wishing  to  do  business  in  the 
State  shall  file  in  the  office  of  the  State  Tax  Commissioner  a  certi- 
fied copy  of  its  articles  of  incorporation,  and  shall  file  in  the  office 
of  the  Secretary  of  State  a  certificate  of  the  appointment  of  at  least 
two  agents  to  reside  in  the  State  upon  whom  process  can  be  served. 
The  penalty  for  transacting  business  without  complying  with  the 
foregoing  provisions  shall  be  a  forfeiture  by  the  agent  to  the  State 
of  $100  for  every  day  he  shall  act  as  such  agent  or  employee  or 
may  occupy  an  office  for  the  transaction  of  business. 


Compilation  of  Statutes.  Ill 

Every  such  foreign  cori3oration  sluill  annually  make  report  to 
the  State  Tax  Commissioner  setting  forth  and  showing  the  total 
gross  receipts  in  the  State  of  such  company  and  from  business  done 
in  the  State  on  its  own  account  or  through  its  agents  or  from  royal- 
ties on  its  patent  rights,  or  plants  or  property  employed  or  hired 
or  rented  by  any  person  in  the  State,  or  by  any  corporation  under 
any  contract  with  such  foreign  corporation,  or  from  business  done 
in  the  State  by  any  corporation  organized  under  the  laws  of  the 
State,  and  of  which  such  foreign  corporation  may  be  a  stockholder, 
and  which  may  be  employing  in  any  manner  under  any  contract 
with  such  foreign  corporation,  and  using  patent  rights,  plant  or 
property  of  such  foreign  corporation  for  profit  in  this  State. 

The  State  Tax  Commissioner  shall"  annually  calculate  the 
amount  of  gross  receipt  tax  to  be  paid  by  such  foreign  corporation. 
If  such  foreign  corporation  shall  neglect  or  refuse  to  pay  the  tax 
such  company  shall  forfeit  to  the  State  an  additional  amount  of 
10  per  cent,  as  penalty  or  damages  to  be  added  to  the  taxes  levied 
and  unpaid. 

V.    CRIMES  AXD  PENALTIES. 

Wilfully  cutting  down  any  trees  is  a  misdemeanor  subject  to 
imprisonment  for  a  term  not  exceeding  three  years  or  a  fine  not 
exceeding  $100,  or  both. 

Any  unlawful  or  intentional  injury  or  destruction  of  any  poles 
or  fixtures  connected  with  the  operation  of  any  telegraph  line  is  a 
misdemeanor  and  punishable  by  a  fine  not  exceeding  $500  or  im- 
prisonment not  exceeding  one  year,  or  both. 

Any  person  connected  with  a  telegraph  or  telephone  company 
divulging  the  contents  of  any  message  or  failing  to  transmit  or 
deliver  the  same  wilfully,  is  guilty  of  a  misdemeanor,  and  shall  be 
imprisoned  by  not  more  than  three  months  and  a  fine  not  exceeding 
$500,  or  both. 

VI.  lilMITATIOXS  OF  TRADE  AND  COMMERCE. 

]^o  statutes. 

VII.  LEGISLATURE. 

The  General  Assembly  shall  meet  every  second  year. 
The  Secretary  of  State  shall  keep  two  dockets  known  as  legis- 
lative counsel  and  legislative  agents,  and  every  person  who  employs 


11'2  Telegeapii  A^■D  Telephone  Companies. 

or  agrees  to  employ  any  other  to  act  as  counsel  or  agent  to  promote- 
or  oppose  any  legislation  shall  within  one  week  of  the  date  of  such 
employment  cause  the  name  of  the  person  so  employed  to  be 
entered  uj)on  either  of  such  dockets,  and  upon  the  termination  of 
such  employment,  that  fact  may  be  also  entered  upon  such  docket, 
and  no  person  shall  appear  as  counsel  before  either  branch  of  the 
General  Assembly  or  before  any  committee  thereof  unless  regis- 
tered, nor  shall  any  legislative  agent  be  employed  unless  his  name 
is  registered. 

The  General  Assembly  may  regulate  the  employment  of  such 
counsel  and  agents  and  if  the  person  is  disbarred  from  employ- 
ment as  such  agent  his  name  shall  be  stricken  from  the  list  and 
shall  not  be  again  placed  thereon  within  the  period  of  three  years. 

Within  thirty  days  of  the  adjournment  of  the  General  Assem- 
bly each  person  whose  name  appears  upon  such  document  for 
the  previous  two  years  as  an  employer  of  such  counsel  or  agent 
shall  render  to  the  Secretary  of  State  a  verified  statement  of  all 
expenses  paid  or  incurred  in  connection  with  such  employment  of 
such  counsel  or  agent  in  connection  with  promoting  or  opposing 
the  passage  or  defeat  of  any  legislation. 

Legislative  counsel  or  agent  shall,  within  ten  days  after  their 
names  are  entered  upon  the  docket,  file  with  the  Secretary  of 
State  a  written  authorization  to  act  as  such  counsel  or  agent 
signed  by  the  person  for  whom  they  claim  to  act. 

Whenever  the  Governor  shall  have  reason  to  believe  tha4:,  in 
connection  with  the  passage  of  any  bill,  improper  expenses  have 
been  paid  he  may  require  any  or  all  legislative  counsel  or  agents 
and  their  employers  to  render  him  a  verified  and  full  and  complete 
and  detailed  verified  statement  of  all  expenses  incurred  or  paid  by 
them  or  either  of  them  as  aforesaid. 

Any  persons  violating  the  provisions  of  this  act  are  guilty  of  a 
misdemeanor  and  subject  to  a  fine  of  not  more  than  $1,000,  and 
any  counsel  or  agent  shall  also  be  disbarred  from  acting  as  such  for 
a  period  of  three  years  from  the  date  of  such  conviction. 

This  act  does  not  affect  the  employment  by  any  municipality  of 
its  solicitor  to  represent  it  before  the  General  Assembly  or  any 
of  its  committees. 


Compilation  of  Statutes.  115 


MASSACHUSETTS. 


I.  COXSTITUTIOX. 

"Wheiiover  tho  public  cxigcneios  require  that  the  property  of 
any  individual  shall  be  appropriated  to  public  use,  he  shall 
receive  a  reasonable  compensation  therefor.  The  General  Court 
has  power  to  erect  and.  constitute  municipalities  or  city  govern- 
ments and  to  grant  to  the  inhabitants  thereof  such  powers  and 
immunities  as  the  General  Court  shall  deem  necessary  for  the 
regulation  and  government  thereof. 

II.  CORPORATIONS. 

Three  or  more  persons  may  form  a  corporation  for  any  lawful 
business,  who  shall  associate  themselves  by  an  agreement  in  writ- 
ing which  shall  state  its  name,  place  at  which  it  shall  be  estab- 
lished and  the  purposes  for  which  formed.  The  subscribers  shall 
hold  the  franchise  until  the  organization  has  been  completed^ 
which,  when  done  by  the  meeting  of  the  subscribers,  the  president 
and  majority  of  directors,  shall  make  a  certificate  of  organization, 
which  shall  be  submitted  to  the  Commissioner  of  Corporations, 
who,  if  the  proceedings  preliminary  to  the  establishment  of  such 
corporation  have  been  complied  with,  shall  issue  certificate  of 
approval,  which  shall  then  be  filed  in  the  office  of  the  Secretary  of 
the  Commonwealth,  who  shall  record  the  same  and  issue  a  certifi- 
cate of  such  incorporation. 

Xo  domestic  telegraph  or  telephone  company  shall  declare  any 
stock  or  script  dividend  or  divide  the  proceeds  of  the  sale  of  stock 
or  script  among  its  shareholders,  nor  shall  such  company  issue 
any  shares  of  stock  to  any  person  unless  the  par  value  of  the 
shares  so  issued  is  first  paid  in  cash  to  its  treasurer,  and  any 
directors  who  issue  the  same  in  violation  thereof  is  liable  to  a 
penalty  of  $1,000  each. 

Corporations  established  for  and  engaged  in  the  business  of 
transmitting  intelligence  by  electricity  shall  issue  only  such 
amount  of  stocks  and  bonds  as  the  Commissioner  of  Corporations 
Vol.  2—8 


ll-Jr  Telegraph  and  Telephone  Companies. 

may  from  time  to  time  determine  is  reasonably  necessary  for  the 
purpose  for  which  such  issue  of  stock  or  bonds  has  been  author- 
ized. 

A  corporation  established  and  engaged  in  the  business  of  trans- 
mitting intelligence  by  electricity,  if  it  increases  its  capital  stock 
the  new  shares  necessary  to  compose  the  increased  capital  which 
is  authorized  shall  be  offered  proportionately  to  the  stockholders 
at  not  less  than  market  value  thereof  at  the  time  of  increasing, 
to  be  determined  by  the  Commissioner  of  Corporations,  taking 
into  account  previous  sales  of  stock. of  the  corporation  and  other 
conditions,  and  if  such  commissioners  shall  determine  in  favor  of 
such  increase  and  shall  determine  the  market  value  thereof,  the 
directors  shall  notify  in  writing  each  stockholder  and  fixing  a 
time  not  less  than  fifteen  days  within  which  he  may  subscribe 
for  the  additional  stock,  and  if  the  increase  in  the  capital  does 
not  exceed  4  per  cent,  of  the  existing  capital  stock  the  directors 
may,  after  the  expiration  of  such  time,  sell  such  stock  by  auction 
to  the  highest  bidder  at  not  less  than  par  value  and  for  cash,  which 
sale  shall  be  held  in  the  city  of  Boston  and  such  other  city  as  may 
be  prescribed  by  the  Commissioner.  Franchise  of  any  company 
which  is  authorized  to  receive  toll  and  all  the  rights  and  privileges 
thereof  shall  be  liable  to  attachment  and  sale  under  execution  or 
warrant  of  distrain  and  sold  by  public  auction.  A  corporation 
may  by  a  vote  of  its  general  stockholders  issue  employees'  stock, 
to  be  held  only  by  the  employees  of  such  company,  the  par  value 
of  Avhich  shall  be  $10,  and  the  purchaser  thereof  may  pay  for  it 
by  monthly  installments  of  $1  each,  and  the  total  amount  of  such 
stock  at  any  time  outstanding  shall  not  exceed  two-fifths  of  the 
actual  capital  paid  in  as  both  the  general  and  employees'  stock. 
Every  corporation,  except  banking  and  railway  companies  and 
trust  companies,  shall  annually  file  in  the  ofiice  of  the  Secretary 
of  the  Commonwealth  a  certificate  verified  by  the  treasurer  and 
the  majority  of  the  directors,  stating  the  amount  of  capital  stock 
and  the  amount  thereof  paid  in,  the  name  of  each  shareholder, 
the  number  of  shares  and  the  assets  and  liabilities  of  the  corpora- 
tion, which  certificate  shall  be  accompanied  by  a  verified  state- 
ment of  an  auditor  employed  by  a  committee  of  three  stockhold- 
ers, who  are  not  directors,  stating  that  such  certificate  states  the 


Compilation  of  Statutes.  115 

true  condition  of  the  affairs  of  such  corporation  as  disclosed  by 
the  books  of  such  corporation  at  the  time  of  making  the  audit. 

Corporations  failing  for  two  successive  years  to  make  such  cer- 
tificate may  be  dissolved. 

If  a  corporation  which  has  a  franchise  in  and  the  use  of  public 
streets  of  a  city  or  town  for  the  maintenance  of  communication  by 
wire  or  otherwise  holds  for  a  longer  period  than  six  months  money 
which  is  collected  in  advance  from  its  customers  to  guarantee  it 
against  loss  of  charges  or  tolls,  it  shall  pay  annually  upon  such 
guarantee,  interest  at  the  rate  of  4  per  cent,  per  annum  to  the 
depositors,  which  shall  be  applied  to  the  payment  of  charges  and 
tolls  by  such  depositors. 

Foreign  Corporations. 

Every  foreign  corporation  which  has  a  ])lace  of  business  in  the 
Commonwealth  shall,  before  doing  business,  appoint  the  Com- 
missioner of  Corporations  its  agent  upon  whom  all  lawful  j^rocess 
may  be  served,  and  agree  in  such  writing  that  any  process  against 
it  served  on  such  Commissioner  shall  be  of  the  same  legal  force 
and  validity  as  if  served  on  it.  This  Commissioner,  when  served 
with  process,  shall  immediately  give  notice  to  the  foreign  cor- 
poration of  such  service,  and  shall  forward  a  copy  of  the  process 
served  upon  him  to  such  corporation  or  its  managers. 

Every  foreign  corporation,  except  insurance  corporations,  before 
transacting  business  in  the  Commonwealth  shall  file  with  the 
Commissioner  of  Corporations  a  copy  of  its  certificate  of  incor- 
poration and  shall  make  a  statement  of  the  amount  of  its  capital 
stock,  and  the  amount  paid  in  thereon  to  its  treasurer,  and  if 
any  payment  has  been  made  otherwise  than  in  money  the  balance 
of  such  payment.  EoreigTi  corporations  may  be  sued  and  their 
propert}'  within  the  Commonwealth  is  liable  to  attachment.  Each 
foreign  corporation  shall  annually  file  in  the  office  of  the  Secre- 
tary of  the  Commonwealth  a  verified  certificate  stating  the 
amount  of  its  capital  stock,  the  amount  that  is  paid  in  and  the 
assets  and  liabilities  of  the  company,  which  certificate  shall  be 
accompanied  by  a  verified  statement  made  by  the  Auditor.  The 
penalty  for  failure  to  so  file  such  certificate  is  a  forfeiture  of  not 
more  than  $10  for  each  day  during  Avhich  such  omission  continues, 
and  an  injunction  may  issue  restraining  such  corporation  from 
further  transacting  its  business  within  the  Commonwealth. 


116  Telegraph  axd  Telephone  Companies. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

A  company  incorporated  for  the  transmission  of  intelligence  by 
electricity  or  by  telephone,  whether  by  electricity  or  otherwise, 
•may  construct  its  lines  along  the  public  ways  and  waters  within 
the  Commonwealth  by  the  erection  of  poles  and  fixtures  except 
bridges,  but  shall  not  incommode  public  use  of  the  highways  or 
endanger  or  interrupt  navigation. 

The  mayor  and  aldermen  of  a  city,  the  selectmen  of  a  town, 
through  which  ihe  lines  of  a  company  is  to  pass  shall  give  it  a 
writing  specifying  where  the  poles  may  be  located,  their  kind  and 
height  and  the  place  where  the  wires  may  be  run  for  the  trans- 
mission. Application  shall  be  made  by  petition  and  on  which  a 
public  hearing  shall  be  held,  and  after  the  erection  of  the  lines 
any  alteration  In  location  or  erection  may  be  directed  after  notice 
and  opportunity  to  be  heard  by  the  company. 

The  owner  of  land  which  abuts  upon  a  public  highway  along 
which  telegraph  or  telephone  lines  are  constructed,  whose  prop- 
erty is  injured  or  its  value  diminished  by  the  occupation  of  the 
ground  or  air  or  otherwise  by  such  construction,  whether  such 
owner  is  also  the  o^\mer  of  a  fee  in  such  way  or  not,  may  within 
three  months  after  such  construction,  erection  and  alteration  apply 
to  the  mayor  and  aldermen  of  the  city  or  the  selectmen  of  the  town 
in  which  such  land  is  situated  to  assess  and  appraise  his  damages ; 
and  if  such  damages  as  may  be  assessed  or  the  amount  of  a  final 
judgment  therefor,  upon  an  appeal,  be  not  paid  within  thirty  days 
after  demand,  upon  request  of  such  owner  the  mayor,  aldermen  or 
selectmen  may  remove  such  poles,  wires  or  fixtures  from  that 
portion  of  the  public  way  upon  Avhich  the  land  of  the  person  abuts, 
first  leaving  a  written  statement  in  the  office  of  such  company  in 
such  city  or  town  of  the  time  when  and  place  where  they  intend  to 
remove  such  poles,  wires  and  structures  and  not  less  than  forty- 
eight  hours  prior  to  such  removal. 

Damages  shall  be  paid  for  the  taking  of  property  by  the  right 
of  eminent  domain. 

A  telegraph  or  telephone  company  shall  not  commence  the  con- 
struction of  its  line  until  three-fourths  of  its  capital  stock  has 
been  unconditionally  subscribed  for,  at  least  one-half  paid  in  in 
cash,   and   within   ten   days   after   commencement   of  construction 


COMPILATIOX    OF    STATUTES.  117 

the  directors  shall  file  a  statement  of  such  subscription  and  pay- 
ment in  the  otHce  of  the  Secretary  of  the  Commonwealth,  and  such 
companies  shall  at  no  time  contract  or  owe  debts  to  a  larger 
amount  than  one-half  of  its  capital  stock  actually  paid  in. 

A  telegraph  company  shall  receive  dispatches  from  and  for 
other  telegraph  companies  and  from  and  for  any  individual,  and 
npon  payment  of  the  usual  charges  for  transmission  shall  trans- 
mit them  faithfully  and  impartially,  and  such  company  shall  be 
liable  for  damages  to  the  amount  of  $100  and  costs  caused  by  its 
negligence  or  that  of  its  agents  in  the  transmission,  receipt  or 
delivery  of  telegraphic  messages,  but  claim  for  damages  shall 
be  presented  within  sixty  days  after  the  right  of  action  accrnes. 

A  person  or  corporation  owning,  controlling  and  operating  a 
telephone  exchange  or  service  in  the  Commonwealth  shall,  upon 
application  of  a  telegraph  company,  furnish  such  company  with 
the  use  of  a  telej^hone  and  telephone  service  and  connection  with 
their  respective  exchanges,  with  subscribers  thereto  and  with  such 
telephone  service  without  discrimination  as  to  such  connection, 
service  or  use  of  instruments  furnished  or  charged  therefor  for 
the  same  class  of  service,  and  such  telephone  company  shall  upon 
application  of  an  individual  or  corporation  and  the  tender  of  the 
usual  rental  charges  shall  without  discrimination  furnish  such  in- 
dividual or  corporation  with  the  use  of  its  telephone  and  telegraph 
service  in  connection  with  their  respective  exchanges,  and  the 
subscribers  thereto,  if  the  applicant  secures  the  rights  necessary 
to  make  connection,  apply  for  and  pay  to  the  telephone  company, 
in  advance,  an  amount  sufficient  to  cover  the  actual  costs  of  the 
■extension  if  said  extension  is  more  than  one  mile  from  any  main 
■exchange  circuit  of  the  said  telephone  com])any. 

Telephone  companies  shall  be  liable  in  damages  to  a  person 
injured  in  his  property  or  pers(^nally  by  the  wires,  poles  ancj 
apparatus  of  such  company,  and  if  they  are  erected  upon  a  public 
way  the  city  or  town  shall  not,  by  reason  of  anything  herein  con- 
tained, be  discharged  from  this  liability  to  all  damages  and  costs 
recovered  against  it  on  account  of  such  injury,  and  shall  be  reim- 
bursed by  the  company  which  owns  the  poles,  wires  or  other 
apparatus. 

A  person  or  corporation  owning  or  operating  a  line  of  wires 
over  or  under  streets  or  buildines  in  a  citv  or  town  shall  use  onlv 


118  Telegraph  and  Telephone  Co:mpanies. 

strong  and  proper  wires  sufficiently  insulated  and  shall  remove 
wires  the  nse  of  which  is  abandoned,  and  shall  in  city  lines  place 
at  the  point  of  support  a  tag  or  mark  designating  the  owner  or 
user  of  such  wire  or  cable. 

A  city  shall,  by  ordinance,  provide  for  the  appointment  of  an 
inspector  of  wires  and  any  town  may  at  the  annual  meeting 
instruct  its  selectmen  to  appoint  such  inspector,  who  shall  inspect 
every  wire  in  such  city  or  town  and  shall  notify  the  owner  or 
operator  whenever  the  same  becomes  imperfect  or  unsafe,  and 
shall  at  the  expense  of  the  city  or  town  remove  every  wire  the 
use  of  which  has  been  abandoned  and  every  wire  not  marked  or 
tagged  as  herein  required,  which  amount  is  recoverable  in  an 
action  of  contract  from  the  person  or  corporation  owning  the  wires 
so  removed. 

All  poles  used  for  the  transmission  of  electricity  must  be 
insulated  so  as  to  protect  employees  or  other  persons  from  accident, 
and  the  inspector  of  wires  shall  be  the  sole  judge  of  what  con- 
stitutes proper  insulation,  and  the  penalty  for  failure  to  comply 
herewith  is  a  punishment  of  not  exceeding  $100  for  every  pole  left 
uninsulated  for  a  reasonable  time  after  a  request  by  inspector. 

Any  person  who  affixes  telephone  or  telegraph  wires  to  the 
property  of  another  without  first  obtaining  the  consent  of  the 
owner  or  his  agent  shall  on  complaint  be  punished  by  a  fine  of  not 
more  than  $100. 

All  poles  or  structures  of  telephone  or  telegraph  companies 
shall  be  legibly  marked  with  the  name  of  the  corporation  or  per- 
son owning  or  maintaining  the  wires. 

Every  telegraph  company  shall  annually  file  with  the  Secretary 
of  the  Commonwealth  a  certificate  specifying  the  location  of  its 
line,  its  name,  the  capital  actually  paid  in,  manner  of  investment 
thereof,  annual  receipts,  expenditures,  real  estate  and  its  value, 
cash  on  hand,  credit  on  books,  accounts  and  the  amount  of  its 
indetbedness. 

"No  easement  is  obtained  by  the  occupation  for  any  length  of 
time  of  any  property  hj  the  privilege  of  having  or  maintaining 
poles,  wires  or  apparatus  upon,  for,  or  attached  to  any  building  or 
land,  nor  shall  any  presumption  of  a  grant  be  raised  thereby. 

Unlawful  and  intentional  injury  or  destruction  of  any  line  or 
wires,  or  poles,  or  fixtures,  is  a  crime  punishable  by  a  fine  of  not 


Compilation  of  Statutes.  119 

exceeding  $50  or  by  imprisonment  for  not  more  than  two  years 
except  that  in  order  to  remove  a  building  or  for  any  necessary  pur- 
pose wires  may  be  cut,  discontinued  and  temporarily  removed, 
exercising  reasonable  care,  if  a  written  notification  is  left  with 
such  company  at  its  office  nearest  to  said  place  specifying  the 
crossings  of  the  streets  or  highways  from  whence  the  wires  are 
desired  to  be  removed. 

A  railroad  company  may  hold  stock  in  a  telegraph  company 
whose  telegraph  connects  two  or  more  places  on  the  railroad  to 
an  amount  not  exceeding  $200  for  each  mile  of  railroad  so 
connected. 

The  ^Massachusetts  Highway  Commission  shall  have  general 
supervision  of  companies  transmitting  intelligence  by  electricity. 

Upon  written  complaint  relative  to  the  service  or  charge  therefor 
rendered  or  made  by  any  company,  signed  by  the  mayor  or  select- 
men of  the  town  or  by  twenty  customers  of  the  company,  a  public 
hearing  shall  be  had  after  notice  to  the  company  and  such  recom- 
mendations made  as  the  Commission  shall  deem  just  and  proper 
concerning  the  reduction,  modification  or  continuance  of  the 
charges  for  the  service.  Each  such  company  shall  make  return 
annually  to  the  Commission  showing  a  statement  of  its  business, 
its  receipts  and  expenditures  within  the  Commonwealth  during 
the  year,  dividends  paid  out  and  declared,  the  amount  of  its 
capital  and  its  indebtedness  and  financial  condition.  For  a  failure 
to  make  such  return  the  penalty  is  not  exceeding  $15  per  day  as  a 
forfeiture. 

Every  company  engaged  in  the  transmission  of  intelligence  by 
electricity  shall  keep  its  books  and  accounts  covering  the  business 
done  within  the  Commonwealth  in  a  form  approved  by  the  said 
Commission. 

IV.    TAXATION. 

Underground  conduits,  wires  and  pipes  laid  in  public  streets 
by  any  corporation  except  street  railway  companies  shall  be  as- 
sessed to  the  owners  thereof  in  the  cities  and  towns  in  which  they 
are  laid. 

The  assessors  shall  annually  return  to  the  Tax  Commissioners 
the  names  of  all  corporations  established  in  their  respective  cities 


120  Telegeaph  and  Telephone  Companies. 

and  towns  or  owning  real  estate  therein  showing  in  detail  the 
works,  strnctures,  real  estate  and  machinery  situate  in  such  town 
owned  bv  each  corporation  with  the  value  thereof,  and  the  amount 
by  which  the  same  is  assessed  therein  for  the  then  current  year, 
and  shall  also  make  return  to  the  Tax  Commissioners  and  the 
amount  of  taxes  levied  Avithin  such  city  or  town  for  the  then  cur- 
rent year  for  such  county  and  town  purposes,  and  shall  also  return 
to  the  said  Tax  Commissioner  the  names  of  all  foreign  corpora- 
tions which  have  a  usual  place  of  business  therein. 

The  Tax  Commissioner  shall  annually  forward  to  the  local 
assessors  a  list  of  all  corporations  organized  under  the  laws  of  the 
Commonwealth  known  to  him  to  be  liable  to  taxation  on  their 
•corporate  franchises  or  property  and  such  other  information  as 
in  his  judgment  will  assist  them  in  the  assessment  of  taxes. 

Every  corporation  shall  annually  make  return  to  the  Tax  Com- 
missioner a  complete  list  of  its  shareholders,  their  residences  and 
the  number  of  shares  belonging  to  each ;  the  amount  of  the  capital 
stock,  its  place  of  business,  the  par  and  market  value  of  the  shares, 
and  if  such  stock  is  held  as  collateral  security;  such  return  shall 
state  the  name  and  residence  of  the  pledger  and  of  the  pledgee, 
and  such  statement  shall  give  the  detail  of  the  underground  con- 
duits, wires  and  pipes,  and  of  the  works,  structures,  real  estate  and 
machinery  by  it  OA\Tied  subject  to  local  taxation,  and  the  location 
and  value  thereof,  and  in  the  case  of  telegraph  companies,  the 
whole  length  of  their  lines  and  so  much  of  the  length  thereof  as 
is  without  the  Commonwealth,  and  telephone  companies  owning, 
selling  or  licensing  others  to  use  telephone  or  other  apparatus 
wholly  or  partially  within  the  Commonwealth,  and  all  companies 
incorporated  for  the  purpose  of  establishing,  owning  or  licensing 
■others  to  use  such  telephones  and  apparatus,  but  having  no  use 
within  it  of  any  of  their  lines  of  telephone  .shall  make  return  in 
order  that  the  Tax  Commissioner  may  ascertain  the  following 
authorized  deductions  and  all  domestic  corporations  shall  make 
returns  specifying  the  amount  and  market  value  of  all  stock  in 
other  corporations  held  by  them  upon  which  a  tax  has  been  as- 
sessed and  actually  paid,  either  in  this  or  any  other  State  for  the 
year  preceding  such  return. 

The  Tax  Commissioner  shall  ascertain  the  true  market  value 
of  the  shares   of  each  corporation   and   shall   estimate  from  the 


Compilation  of  Statutks.  121 

returns  or  otherwise  a  fair  cash  value  of  all  the  shares  constituting 
its  capital  stock  from  such  value  in  the  case  of  a  telegraph  com- 
pany there  shall  be  deducted  so  much  of  the  value  of  its  capital 
stock  as  is  proportional  to  the  length  of  that  part  of  its  line,  if 
any  line  outside  the  Commonwealth,  and  also  the  value  of  its  real 
estate,  machinery  and  underground  conduits,  wires  and  pipes  sub- 
ject to  local  tax  within  the  Commonwealth,  and  in  case  of  a 
domestic  telephone  company  there  shall  be  deducted  the  amount 
and  market  value  of  all  stocks  in  other  corporations  held  by  it 
upon  which  a  tax  has  been  paid  in  this  or  other  states  for  the 
twelve  months  last  preceding  date  of  their  return  to  the  Tax  Com- 
missioner, and  in  case  of  a  foreign  telephone  company  so  much  of 
the  value  of  its  capital  stock  as  is  proportional  to  the  number  of 
telephones  used  or  controlled  by  it  under  any  letters  patent  o\\Tied; 
or  controlled  by  it  outside  of  the  Commonwealth,  and  in  case  of 
either  a  domestic  or  foreign  telephone  company,  also  the  value  of 
its  real  estate,  machinery  and  underground  conduits,  wares  and 
pipes  subject  to  local  taxation  Avithin  the  Commonwealth. 

Each  corporation  shall  annually  pay  a  tax  upon  its  franchise; 
after  making  the  foregoing  deductions  at  a  rate  equal  to  the 
average  rates  for  three  years  preceding  that  in  which  such  assess- 
ment is  laid,  the  annual  rate  to  be  determined  by  an  apportion- 
ment of  the  whole  amount  of  money  to  be  raised  by  taxation 
upon  property  in  the  Commonwealth  during  the  same  year  as 
returned  by  the  assessors  of  the  several  cities  and  towns  upon  the 
aggregate  valuation  of  all  cities  and  towns  for  the  preceding  year^ 
and  the  amount  of  poll  tax  shall  be  deducted  from  the  whole 
amount  to  be  raised  by  taxation  in  ascertaining  the  amount  to  be 
raised  upon  the  property.  Every  foreign  telegraph  company  shall 
make  the  returns  required  as  above  except  the  list  of  its  share- 
holders, and  shall  annually  pay  a  tax  at  the  rate  to  be  determined 
as  above  provided,  and  all  telegraph  lines  within  the  Common- 
wealth controlled  and  used  by  such  corporation  or  association  shall 
for  the  purposes  of  taxation  be  deemed  to  be  a  part  of  its  own 
lines. 

The  penalty  for  neglect  to  make  the  returns  and  statements 
above  required  and  neglect  or  refusal  to  submit  to  examination  is 
punishable  by  a  forfeiture  of  a  sum  not  exceeding  2  per  cent, 
upon  the  par  value  of  its  capital  stock,  to  be  recovered  in  an  action 


122  Telegeaph  and  Telephone  Companies. 

in  the  name  of  the  Commonwealth,  and  in  the  event  that  the  cor- 
poration neglect  to  pay  these  taxes,  there  shall  be  paid  thereon 
interest  at  the  rate  of  6  per  cent,  per  annum  from  the  time  that 
the  taxes  were  payable  imtil  they  are  paid,  if  payment  is  made 
before  the  commencement  of  proceedings  for  its  recovery,  and  12 
per  cent,  if  made  after  the  commencement  of  such  proceedings, 
and  such  taxes  may  be  collected  in  an  action  as  of  contract 
brought  in  the  name  of  the  Commonwealth,  and  the  lessees  of  the 
works,  structures,  real  estate  or  machinery  of  any  corporation 
taxed  hereunder  shall  also  be  liable  for  the  payment  of  its  tax,  and 
upon  payment  being  made  by  such  lessee  in  the  absence  of  a  con- 
trary agreement  may  retain  said  tax  out  of  the  rent  of  the  property 
or  recover  it  in  an  action  against  the  lessee. 

!N'o  taxes  shall  be  assessed  in  a  city  or  town  for  said  county  or 
town  purposes  upon  the  shares  of  capital  stock  of  companies  for 
any  year  for  which  they  pay  to  the  Receiver-General  of  the  State 
a  tax  on  their  corporate  franchises.  Any  foreign  corporation 
which  shall  for  sixty  days  neglect  or  refuse  to  pay  a  tax  lawfully 
assessed  may  be  restrained  from  doing  business  in  the  Common- 
wealth until  the  tax  is  paid. 

A  town  may  construct  telegraph  lines  for  its  own  use  upon, 
along  and  under  the  public  highways  within  its  limits,  and  the 
selectmen  thereof  may,  upon  terms  and  conditions  prescribed  by 
them,  authorize  a  person  to  construct  lines  for  private  use  upon, 
along  and  under  the  public  highways  of  the  town  for  the  trans- 
mission of  electricity  or  otherwise  of  intelligence  by  telegrajih  or 
telephone. 

Upon  the  construction  of  the  line  the  poles  and  structures 
thereof  within  the  location  of  such  highways  shall  become  the 
property  of  the  town,  and  the  selectmen  may  regulate  and  control 
the  same  and  may  require  alterations  in  location  of  construction 
thereof,  and  may  at  any  time  attach  wires  for  its  own  use  to  such 
poles  and  structures,  and  may  permit  other  persons  to  attach  wires, 
for  their  private  use  thereto,  and  may  prescribe  reasonable  terms 
and  conditions  therefore,  and  may  within  their  respective  towns 
permit  telegraph  and  telephone  lines  to  be  laid  in  any  highway  or 
public  places,  and  may  make  reasonable  regulations  for  the  ar- 
rangement and  maintenance  of  all  lines  for  transmission  of  in- 
telligence by  telegraph,  telephone,  electricity  or  otherwise. 


Compilation  of  Statutes.  123 

The  city  council  may  reserve  spaces  between  side  lines  of  any 
highway  or  street  for  electric  wires  and  the  aldermen  in  cities  or 
selectmen  in  towns  may  cause  the  removal  from  public  highways 
or  streets  of  unused  wires  and  appliances  at  the  expense  of  the 
owner  thereof. 

The  laying  of  pipes  and  the  erection  of  poles  or  wires  shall  not 
be  done  upon  the  said  highway  without  the  written  permit  of  the 
Highway  Commission. 

V.  CRIMES  AND  PENALTIES. 

N^o  corporation  carrying  on  the  telephone  or  telegraph  business 
or  any  company  having  the  right  to  condemn  land  or  to  exercise 
franchise  in  public  ways  by  the  Commonwealth  or  by  any  county, 
city  or  town  in  any  proceeding  owning  or  holding  the  majority  of 
stock  of  such  a  corporation  shall  make  or  pay  any  political  con- 
tribution, and  if  they  do  or  violate  this  act  it  shall  be  punished 
by  a  fine  of  not  exceeding  $10,000,  and  any  officer  violating  any 
provision  of  the  act  or  authorizes  and  approves  of  the  act  shall  be 
punishable  by  a  fine  of  not  exceeding  $10,000  or  by  imprisonment 
of  not  exceeding  one  year. 

Every  telegraph  and  telephone  company  shall  pay  weekly  each 
employee  engaged  in  his  or  its  business  the  wages  earned  by  him 
to  within  six  days  of  the  date  of  such  payments,  but  any  employee 
leaving  his  or  her  employment  or  being  discharged  therefrom 
shall  be  paid  in  full  on  the  following  regular  pay  day.  Xo  em- 
ployer shall  require  as  a  condition  of  employment  that  any  em- 
ployee shall  assent  to  any  plan  of  compensation  or  in  anyway 
waive  his  legal  right  to  recover  damages  for  an  injury  outside  the 
provisions  of  such  plan,  and  no  person  or  com]")any  shall  require 
an  employee  to  engage  in  any  lawful  occupation  or  in  the  work  of 
any  industrial  process  or  in  the  work  of  transportation  or  com- 
munication on  the  Lord's  day  or  usual  work  of  his  occupation 
unless  such  employee  is  allowed  during  the  six  days  next  ensuing 
twenty-four  consecutive  hours  without  labor. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Contracts  in  restraint  of  trade  or  one  that  whereby  competition 
may  be  restrained  or  prevented  or  for  the  purpose  of  creating  or 


124  Telegraph  and  Telephone  Companies. 

maintaining  a  monopoly  is  declared  to  be  against  public  policy  and 
illegal  and  void,  and  an  action  may  be  taken  by  the  Attorney- 
General  or  a  district  attorney  in  the  name  of  the  Commonwealth 
against  any  person  or  against  any  corporation  to  restrain  the  doing 
in  the  Commonwealth  of  any  act  forbidden  or  declared  to  be 
illegal  or  any  act  in  trade  or  for  the  making  or  consumption  of  any 
contract,  agreement  or  combination  prohibited,  Avherever  the  same 
may  have  been  made,  and  no  person  shall  be  excused  in  such 
action  from  answering  any  question  that  may  be  put  to  him  or 
from  producing  any  telegrams  or  documents  on  the  ground  that 
the  testimony  or  evidence,  documentary  or  otherwise,  required 
from  him,  may  tend  to  incriminate  him,  but  no  person  shall  be 
prosecuted  in  any  criminal  action  or  proceeding,  or  be  subjected 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  transaction 
concerning  which  he  may  testify  or  produce  evidence  documentary 
or  otherwise  in  any  such  action. 

VII.    LEGISLATURE. 

The  General  Court  shall  assemble  every  year. 

The  names  of  legislative  counsel  and  agents  employed  or  a 
person  employing  such  counsel  or  agent  shall  cause  his  or  her 
name  to  be  entered  upon  a  docket  and  the  termination  of  such 
employment  may  also  be  entered  thereon.  These  dockets  shall  be 
prepared  and  kept  by  the  sergeant-at-arms  of  the  General  Court 
and  under  or  opposite  the  name  of  such  agent  or  counsel  shall  be 
made  entries  stating  the  special  employment  or  specifically  re- 
ferring to  the  petition,  bill  or  other  subject  of  legislation  to  which 
it  refers  and  to  which  or  for  which  such  agent  or  counsel  is 
employed. 

ISo  compensation  to  a  legislative  counsel  or  agent  shall  be  con- 
tingent upon  the  action  of  the  General  Court  or  of  either  branch 
thereof  or  of  a  committee  thereof,  and  within  ten  days  after 
entering  his  name  upon  the  docket  each  counsel  or  agent  shall 
file  with  the  sergeant-at-arms  a  written  authorization  to  so  act, 
signed  by  the  person,  corporation  or  association  for  whom  or  for 
which  he  presumes  to  act,  and  upon  failure  so  to  do  shall  be 
punished  by  a  fine  not  to  exceed  $1,000  and  shall  be  declared  by 
the  court  trying  the  case  to  be  disqualified   for  acting  as  such 


COMPILATIOX    OF    STATUTES.  125 

counsel  or  agent  for  three  years  or  by  both  fine  and  disqualifica- 
tion, and  such  person  so  disbarred  shall  not  be  employed  as  legis- 
lative counsel  or  agent  within  three  years  after  his  disbarment. 

Within  thirty  days  after  the  prorogation  of  the  General  Court 
'eacli  employer  of  such  legislative  counsel  or  agent  shall  file  with 
'the  Secretary  of  the  Commonwealth  a  detailed  statement  under 
'oath  of  all  expenses  incurred  or  paid  in  connection  with  the  em- 
plo}Tnent  of  such  counsel  or  agent  or  for  promoting  or  opposing 
legislation,  and  for  a  violation  of  the  foregoing  the  punishment 
shall  be  a  fine  of  not  exceeding  $1,000,  and  the  person  acting  as 
such  counsel  or  agent  shall  be  disbarred  from  acting  as  such  coun- 
sel for  three  years  from  the  date  of  conviction. 


126  Telegeapii  and  Telephone  Companies. 


MICHIGAN. 


I.  CONSTITUTION. 

Corporations  shall  not  be  created  by  special  act,  except  far 
municipal  purposes,  and  the  stockholders  of  corporations  shall  be 
individually  liable  for  all  labor  performed  for  such  corporation 
or  association. 

The  property  of  no  person  shall  be  taken  by  any  corporation 
for  public  use  without  compensation  being  first  made  or  secured. 

No  corporation,  except  for  municipal  purposes  or  for  the  con- 
struction of  railroads,  highways  and  canals,  shall  be  created  for 
longer  time  than  thirty  years. 

i^o  oorDoration  shall  hold  any  real  estate  hereafter  acquired 
for  a  longer  period  than  ten  years  except  such  real  estate  as  may 
actually  be  needed  by  such  corporation  in  the  exercise  of  its 
franchises. 

The  credit  of  the  State  shall  not  be  granted  to  or  in  aid  of  any 
person,  association  or  corporation  nor  shall  the  State  subscribe  to 
or  be  interested  in  the  stock  of  any  company  or  corporation. 

The  State  shall  not  be  a  party  to  nor  interested  in  any  work  of 
internal  improvement  nor  engage  in  carrying  on  any  such  work 
except  in  the  improvement  or  aiding  in  the  improvement  of  the 
public  wagon  roads  and  in  the  expenditure  of  grants  to  the  State 
of  land  or  other  property. 

II.  CORPORATIONS. 

It  shall  be  the  duty  of  all  telegraph  companies,  domestic  or 
foreign,  doing  business  in  the  State,  to  receive  despatches  from 
and  for  other  telegraph  lines  and  from  or  for  any  individual,  and 
on  payment  of  their  usual  charges  for  transmitting  messages  shall 
transmit  the  same  with  impartiality  and  good  faith,  and  such 
company  shall  be  liable  for  any  mistake,  error  or  delay  in  the 
transmission,  delivery  or  non-delivery  of  any  repeated  or  non- 
repeated  message  in  damages  to  the  amount  which  any  person  may 
sustain  by  reason  of  any  mistake  or  delay  due  to  negligence  of  the 
company  to  be  recovered  with  costs  in  an  action  by  the  person 


Compilation  of  Statutes.  127 

sustaining  the  damage.  Such  companies  shall  transmit  the 
despatches  in  the  order  in  which  they  are  received. 

Any  person  is  authorized  to  construct  and  maintain  lines  of 
telegrajjh  with  fixtures  from  point  to  point  upon  and  along  any 
of  the  public  highways  or  railroads  and  across  the  waters  within 
the  limits  of  the  State  and  upon  any  of  the  public  lands  of  the 
State  or  the  lands  of  any  individual,  the  owner  of  the  land  or  the 
railroad  corporation  on  whose  right  of  way  the  lines  may  be  con- 
structed having  first  given  consent;  the  same  shall  not  be  so  con- 
structed as  to  incommode  the  public,  and  provided  further,  that  in 
clearing  a  right  of  way  over  and  upon  any  of  the  public  lands  no 
white  or  yellow  pine  tree  suitable  for  timber  shall  be  cut  down 
or  injured. 

Any  person  who  wilfully  or  knowingly  injures  or  destroys  any 
of  such  line  shall  be  guilty  of  a  misdemeanor  and  be  punished  by 
a  fine  or  imprisonment  or  both. 

Any  five  or  more  persons  can  form  an  association  for  the  con- 
struction of  lines  of  telegraph  and  are  subject  to  and  entitled  to 
the  benefits  and  liabilities  regulating  corporations. 

Any  number  of  persons  may  associate  for  the  purpose  of  con- 
structing a  line  of  telegraph  through  the  State,  or  from  and  to 
any  point  within  the  State,  and  they  shall  make  a  certificate  of 
organization,  which  certificate  shall  be  recorded  in  the  office  of  the 
clerk  of  the  county  where  such  association  may  be  established  and 
a  copy  thereof  filed  with  the  Secretary  of  State. 

Such  association  shall  have  power  to  purchase,  receive,  hold  and 
convey  such  real  estate  only  as  may  be  necessary  for  the  trans- 
action of  its  business,  but  it  cannot  hold  any  real  estate  except 
such  as  shall  be  actually  occupied  by  it  in  the  exercise  of  its  fran- 
chises. Such  association  is  authorized  to  enter  upon,  construct 
and  maintain  telegraph  lines  upon  the  public  roads  or  across  or 
under  any  of  the  waters  within  the  State.  If  any  person  over  or 
through  whose  lands  such  lines  shall  pass  feel  himself  aggrieved 
application  can  be  made  to  the  Circuit  Court  of  the  county  and  an 
appraisal  be  made  of  the  damage  done  to  him. 

Any  person  who  unlawfully  injures  or  destroys  any  of  the 
lines  or  material  or  property  or  poles  shall  be  deemed  guilty  of 
a  misdemeanor  and  be  punished  by  a  fine  not  exceeding  $500  or 
imprisonment  not  to  exceed  one  year  or  both. 


128  Telegraph  and  Telephone  Companies. 

The  stockholders  of  every  association  shall  be  jointly  and 
severally  individually  liable  for  the  payment  of  all  debts  and 
demands  for  labor  performed  and  materials  furnished  for  such 
association  which  shall  be  contracted  or  which  shall  be  or  shall 
become  due  during  the  time  of  their  holding  such  stock.  .  Service 
of  legal  process  may  be  made  on  the  president  or  secretary  or  one 
,of  the  directors,  if  found  in  the  county,  and  in  case  they  cannot  be 
so  found  may  be  made,  leaving  a  copy  of  such  process  at  the  busi- 
ness office  of  said  company  in  some  conspicuous  place.  The  owner 
or  association  owning  any  telegraph  line  shall  receive  despatches 
from  and  for  other  lines,  and  from  and  for  any  individual,  and 
,on  the  payment  of  the  usual  charges  for  transmitting  despatches, 
transmit  the  same  with  impartiality  in  good  faith,  under  the 
penalty  of  $100  for  every  neglect  or  refusal  so  to  do,  to  be  re- 
Xjovered  with  costs  in  the  name  and  for  the  benefit  of  such  persons 
sending  or  desiring  to  send  such  despatches,  and  all  despatches 
shall  be  transmitted  in  the  order  in  which  they  are  received  under 
like  penalty.  Xo  person  connected  with  any  telegraph  company 
shall  divulge  the  nature  of  the  contents  of  any  private  communi- 
cation entrusted  for  transmission  or  delivery. 

Three  or  more  jDersons  may  organize  a  corporation  for  telegraph 
companies  and  shall  make  a  certificate  stating  the  name,  place  of 
principal  business,  term  of  existence,  which  shall  not  exceed  thirty 
years,  capital  stock,  number  of  directors,  and  such  corporation 
shall  record  the  articles  of  incorporation  in  the  county  clerk's 
office  of  the  county  in  which  the  principal  business  office  is 
located,  and  file  a  copy  wnth  the  Secretary  of  State. 

Every  such  corporation  shall  have  power  to  construct  and  main- 
tain telegraph  lines  over  the  public  places  and  highways  and  to 
press  waters  of  the  State  with  all  fixtures,  provided  that  they  shall 
not  interfere  with  other  public  uses ;  and  shall  also  have  power  to 
construct  and  maintain  instruments  and  facilities  for  use  in  the 
transmission  of  messages  and  telephone  exchanges  and  stations; 
and  also  be  authorized  to  do  the  business  of  furnishing  messenger 
service  in  cities  or  towns ;  and  it  shall  be  lawful  for  such  cor- 
poration to  purchase  and  hold  a  portion  of  the  stock  of  any  corpo- 
ration owning  or  controlling  by  patent  or  otherwise  the  use  of  any 
instruments  or  device  necessarv  or  convenient  for  use  in  the  trans- 


Co]\ipiLATiox  OF  Statutes.  129 

mission  or  reception  of  telephonic  messages  and  also  to  purchase 
and  hold  all  real  estate  necessary  to  carry  out  the  purposes  of  its 
organization. 

Service  of  legal  process  may  be  made  u])on  any  officer  found 
within  the  county,  or  by  leaving  a  copy  of  such  process  at  any 
exchange  or  business  office  of  such  corporation  within  the  county 
in  which  the  action  is  commenced,  with  a  person  in  charge 
thereof. 

The  penalty  for  injury  to  wires  and  property  of  such  company 
is  a  fine  not  exceeding  $100  or  imprisonment  not  exceeding  three 
months  or  both.  The  stockholders  are  liable  individually  for  all 
lal)or  performed  and  materials  furnished  during  the  time  they 
were  stockholders. 

It  is  the  duty  of  every  telephone  company  to  receive  and  trans- 
mit without  discrimination  messages  from  and  for  any  other 
company  or  person  upon  i)ayment  or  tender  of  the  usual  or  cus- 
tomary charges  therefor,  and  upon  payment  or  tender  of  the 
usual  or  customary  charges  or  customary  rental,  it  shall  be  the 
duty  of  every  such  company  or  person  engaged  in  such  business 
to  furnish  without  unreasonable  delay  and  without  discrimination 
or  other  additional  charge  to  the  applicant  a  telephone  with 
all  proper  or  necessary  fixtures  and  the  use  of  such  telephone 
wires  and  fixtures  as  well  as  connections  with  the  central  office 
or  exchange  if  desired,  and  shall  connect  the  telephone  of 
such  person,  firm  or  corporation  with  the  telephone  of  any  other 
person,  firm  or  corporation  having  connection  with  the  same  or  a 
connecting  exchange  or  central  office  whenever  requested  so  to  do 
without  regard  to  the  character  of  the  message  to  be  transmitted, 
and  for  neglect  or  refusal  so  to  do  it  shall  forfeit  all  right  to  trans- 
act a  telephone  business  in  the  State  and  may  be  enjoined  there- 
from by  bill  of  complaint  filed  in  any  court  of  competent  juris- 
diction by  any  person  or  corporation  injured  or  denied  any  of  the 
rights  hereby  given  and  shall  forfeit  not  less  than  $25  or  more 
than  $100  for  each  and  every  day  such  neglect  or  i-efusal  shall 
continue. 

Wires  shall  not  be  strung  over  the  tracks  of  any  railroad  com- 
pany except  at  the  places  and  in  the  manner  approved  by  the 
Commissioners  of  Railroads. 
Vol.   2  —  9 


130  Telegeaph  and  Telephone  Companies. 

III.  TAXATION. 

The  officers  of  a  telegraph  or  telephone  company  shall  furnish 
the  Auditor-General  annually  a  statement  showing  the  number  of 
miles  owned,  operated  or  leased  within  the  State,  separately  show- 
ing the  leased  lines,  the  total  number  of  miles  in  each  line  or 
division  with  the  number  of  separate  wires ;  cities  and  counties 
through  which  the  same  is  carried  and  in  which  the  buisness  is 
conducted,  the  total  number  of  stations  of  each  line,  and  the 
number  of  instruments  in  use,  the  average  number  of  poles  per 
mile  and  the  number  of  poles  per  mile  of  wire  used  for  each 
telegraph  or  telephone  exchange  or  line  and  the  amount  of  the 
gross  receipts  of  their  current  business.  Taxes  shall  be  levied  at 
3  per  cent,  upon  the  gross  receipts  derived  from  business  within 
the  State  of  a  telegraph  or  telephone  company,  which  taxes  shall  be 
in  lieu  of  all  other  taxes  upon  property  and  business  of  the  com- 
pany except  real  estate  not  actually  occupied  in  the  exercise  of  its 
franchise  and  not  necessary  in  the  proper  operation  of  its  business, 
such  real  estate  so  excepted  shall  be  liable  to  taxation  as  is  other 
real  estate  in  the  several  townships  and  municipalities  where  the 
same  is  situate.  The  State  shall  have  a  lien  upon  all  telegraph 
and  telephone  companies  and  their  appurtenances  and  stock  therein 
for  all  penalties,  taxes  and  duties  which  may  accrue  to  the  State, 
which  lien  shall  take  precedence  over  all  duties,  judgments,  as- 
signments or  decrees  against  such  companies. 

Every  city  shall  have  the  power  to  pass  ordinances,  but  no  ex- 
clusive rights  shall  be  granted  to  any  person  or  any  corporation, 
and  no  franchise  shall  be  granted  for  the  use  or  occupation  of  any 
street  for  any  purpose  except  by  a  two-third  vote  of  all  the  alder- 
men, nor  shall  any  franchise  be  granted  for  a  period  exceeding 
thirty  years,  and  the  city  shall  have  the  right  to  regulate  the  use 
of  its  highways  and  the  use  or  placing  of  signs,  telegraph,  tele- 
phone or  electric  light  poles  and  wires  in  or  over  the  streets. 

IV.    CRIMES   AND    PENALTIES. 

Divulging  the  contents  of  any  message  or  delaying  the  trans- 
mission or  delivery  of  the  same  with  a  view  to  injuring,  deceiving 
or  defrauding  is  a  misdemeanor  and  shall  be  punished  by  im- 
prisonment for  a  term  of  not  more  than  three  months  or  a  fine  of 


Compilation  of  Statutes.  131 

not  more  than  $100.  It  is  nnlawfiil  to  cut,  tap  or  make  connection 
in  any  unauthorized  manner  with  telephone  or  telegraph  lines, 
and  the  penalty  therefore  is  a  fine  of  not  more  than  $500  and. 
imprisonment  for  not  more  than  two  years  or  both. 

Ten  hours  shall  constitute  a  legal  day's  work  which  provision,, 
however,  shall  not  apply  to  domestic  or  farm  laborers,  and  any 
person  performing  any  labor  or  services  in  connection  with  the  cut- 
ting, hauling  or  rafting  of  any  poles  or  telegraph  poles  or  hauling 
any  manufactured  forest  products  shall  have  a  lien  for  the  amount 
due  for  such  labor  or  services,  which  shall  take  precedence  over  all 
other  claims  or  liens  thereon. 

V.    LIMITATIONS    OP   TRADE   AND    COM3IERCE. 

All  contracts  or  agreements  entered  into  which  shall  have  for 
their  purpose  or  intent,  to  limit,  control  or  restrict  or  regulate  the 
amount  of  production  or  quantity  of  any  article  to  be  raised  or 
produced,  all  mining,  manufacturing,  agriculture  or  any  other 
branches  of  business  or  labor  or  to  enhance,  control  or  regulate 
the  market  price  or  to  prevent  or  restrict  from  competition,  shall 
be  void  and  illegal,  and  shall  constitute  an  inimical  conspiracy^ 
and  every  person  entering  into  such  conspiracy  shall  be  deemed 
a  party  to  such  conspiracy  and  all  parties  so  being  shall  be 
punished  by  a  fine  of  not  less  than  $50  or  more  than  $300,  and  by 
imprisonment  not  more  than  six  months  or  both,  and  every  sucb 
contract  declared  void  and  illegal  shall  be  called  void  and  illegal 
whether  made  and  entered  into  within  or  without  the  State. 
The  carrying  into  effect  of  such  unlawful  agreement  is  a  misde- 
meanor and  on  conviction  the  offender  shall  be  punished  by  im- 
prisonment of  not  more  than  one  year  and  by  a  fine  of  not  more 
than  $500  or  both,  and  any  domestic  corporation  entering  into 
such  agreement  shall  forfeit  its  charter  and  all  rights  of  franchise. 
Provided,  however,  the  foregoing  shall  not  apply  to  agricultural 
products  or  live  stock  while  in  the  hands  of  the  producer  or  raiser 
nor  to  the  service  of  laborers  or  artisans  who  are  formed  into 
societies  or  organizations  for  the  benefit  and  protection  of  their 
members.  Every  foreign  corporation  exercising  the  powers  or 
functions  of  a  corporation  in  the  State  violating  any  of  the  pro- 
visions of  this  act  are  prohibited  from  doing  any  business  in  the 


132  Telegeaph  and  Telephone  Companies. 

State,  and  the  Secretary  of  State  is  authorized  to  revoke  the  cer- 
tificate permitting  it  so  to  do.  All  contracts  or  agreements  in 
violation  of  these  provisions  are  void  and  not  enforceable  in  law 
or  in  eqnity,  nor  shall  it  be  lawful  for  any  person  to  issue  or  o^^^l 
trust  certificates  or  for  any  person  or  corporation  or  officer  or 
employee  to  enter  into  any  combination  or  agreement  which  shall 
place  the  management  or  control  thereof  or  the  manufactur"d 
product  in  the  hands  of  any  trustee  with  intent  to  limit  or  fix 
the  price  or  lessen  the  production  and  sale  of  any  article  of  com- 
merce or  diminish  or  restrict  the  output  thereof,  and,  any  person 
who  shall  be  injured  in  his  business  or  property  thereby  may  sue 
in  the  court  having  jurisdiction,  and  recover  two- fold  the  damage 
by  him  sustained. 

VI.    LEGISLATION. 

The  Legislature  shall  meet  everv  second  vear. 


COMI'ILATION    OF    STATUTES.  133 


MIrfNESOTA. 


I.  CONSTITUTION. 

Xo  corporation  shall  be  formed  under  special  act  except  for 
municipal  purposes. 

The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid  of 
any  individual  or  corporation. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation. 

II.  CORPORATIONS. 

Corporations  may  be  organized  for  the  construction  or  mainte- 
nance of  telegra])h  and  telephone  lines,  but  they  shall  not  con- 
struct or  operate  any  such  way  or  other  conduit  in  any  public 
street  or  public  ground  of  city  or  village  without  first  obtaining 
and  compensating  such  village  for  a  franchise  conferring  such 
right. 

•  Every  such  corporation  may  acquire  such  private  property  as 
may  be  necessary  for  the  transaction  of  the  public  business  for 
which  it  was  formed. 

The  council  of  any  city  or  village  at  the  end  of  any  period  of 
five  years  from  the  granting  of  franchise  for  the  operation  of  any 
telephone  line  when  authorized  so  to  do  by  a  two-thirds  majority 
of  the  votes  cast  upon  the  question,  may  ac(piire  and  thereafter 
operate  the  same  upon  paying  to  the  corporation  or  person  owning 
the  franchise  the  valuation  of  such  property  to  be  ascertained 
in  the  manner  provided  by  law  for  acquiring  property  under  the 
right  of  eminent  domain.  Such  vote  shall  be  taken  at  a  special 
election  for  that  purpose  called  and  held  within  three  months  next 
preceding  the  expiration  of  said  five-year  period,  and  the  consider- 
ation for  such  property  shall  be  first  applied  to  the  payment  of  any 
encumberances  therein  and  the  renuiinder,  if  any,  shall  be  paid  to 
the  owner  of  such  franchise. 

Three  or  more  persons  may  form  a  corporation  and  shall  file  a 
certificate  with  the  Secretary  of  State  who  shall  record  the  same, 
and  thereafter  such  certificate  shall  be  filed  for  record  with  the 


134  Telegraph  and  Telephone  Companies. 

county  register  of  deeds  where  the  principal  place  of  business  is 
located,  and  thereafter  such  certificate  of  incorporation  shall  be 
published  in  a  news23aper  in  the  county  for  two  weeks,  and  upon 
:filing  proof  of  such  publication  with  the  Secretary  of  State  its 
^corporate  organization  shall  be  complete.  Every  corporation  other 
than  a  railroad  corporation  shall  be  formed  for  a  period  not  ex- 
'Ceeding  thirty  j-ears,  which  may  be  renewed  from  time  to  time  for 
^  further  term  not  exceeding  thirty  years. 

Every  domestic  corporation  may  establish  an  office,  conduct 
'business  in  any  other  State  or  country  provided  that  an  office  in 
charge  of  some  person  upon  whom  legal  process  may  be  served  is 
always  in  this  State. 

X^OREIGN  CORPORATIONS. 

Foreign  corporations  shall  have  and  maintain  a  public  .office  or 
place  in  the  State  for  transaction  of  business  and  shall  appoint 
a  person  upon  whom  service  of  protest  can  be  made  which  shall  be 
filed  with  the  Secretary  of  State  and  such  foreign  corporations 
shall  also  file  with  the  Secretary  of  State  a  copy  of  its  charter  or 
the  certificate  of  articles  of  incorporation  with  a  certificate  show- 
ing the  proportion  of  its  capital  stock,  which  is  represented  by  its 
property  located  and  business  transacted  in  the  State,  and  the 
Secretary  of  State  shall  then  issue  a  certificate  and  the  corporation 
shall  enjoy  the  rights  and  benefits  for  a  period  of  thirty  years,  and 
may  be  renewed  for  a  like  period  by  refiling  its  articles  of 
incorporation. 

If  such  foreign  corporation  shall  neglect  or  fail  so  to  do  it  shall 
be  subject  to  a  fine  of  $1,000. 

HI.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Telegraph  and  telephone  companies  may  mortgage  or  execute 
deeds  of  trust  of  the  whole  or  in  part  of  its  property  and  franchise 
to  secure  money  for  the  construction  and  equipment  of  lines  and 
properties  and  for  other  corporate  purposes,  and  may  issue  cor- 
porate bonds  secured  by  such  mortgages,  which  mortgages  shall  be 
recorded  with  the  Secretary  of  State  and  also  in  the  office  of  the 
county  register  of  deeds  through  which  the  line  passes  or  in  which 
it  mav  hold  land. 


COMPILATIOX  OF  STATUTES.  135 

Any  public  servicii  corporation  shall  have  the  right  to  obtain 
condemnation  nnder  the  right  of  eminent  domain  any  land  or  right 
over  the  same  necessary  for  the  convenient  jorosecution  of  its 
enterprises,  and  telegraph  or  telephone  companies  may  in  the  same 
manner  acquire  the  right  to  construct  its  lines  along  and  npou 
the  right  of  way  and  lands  of  any  railroad  company  upon  making 
just  compensation  therefor.  But  said  lines  shall  be  located  so  as 
not  to  interfere  with  the  usual  operation  of  such  railroad,  and  such 
telegraph  and  telephone  companies  may  use  the  iDublic  roads  for 
the  purposes  of  constructing,  operating  and  maintaining  lines  for 
conduits  which,  however,  shall  be  located  so  as  not  in  any  way  to 
interfere  with  the  safety  and  convenience  of  ordinary  travel,  and 
which  construction  and  maintenance  shall  be  subject  to  all  reason- 
able regulations  imposed  by  the  governing  body  of  any  town,  vil- 
lage or  city  in  which  such  public  road  may  be. 

Telegraph  companies  are  common  carriers  and  shall  serve  all 
persons  without  discrimination  or  preference  for  reasonable  com- 
pensation, and  every  contract,  notice  or  condition  stipulated  for 
exemption  from  liability  for  the  consequence  of  their  neglect  shall 
be  void.  Where  the  party  to  whom  a  message  is  addressed  resides 
or  does  business  within  the  corporate  limits  of  any  city  or  village 
where  a  telegraph  office  is  situated  such  message  shall  be  delivered 
promptly  at  his  place  of  residence  or  business,  otherwise  he  shall 
be  notified  by  the  first  mail  where  such  message  can  be  found,  and 
messages  delivered  for  transmission  must  be  transmitted  in  the^ 
order  in  which  they  are  received,  and  if  they  shall  neglect  so  to 
do  within  a  reasonable  time  or  to  exercise  due  diligence  so  to  do, 
such  companies  shall  be  liable  in  civil  action  at  the  suit  of  the 
person  injured  for  all  damages  sustained  by  reason  of  such  neglect 
or  omission.  The  company  delivering  the  message  shall  state 
plainly  therein  the  exact  time  at  which  it  was  received  at  the 
original  point  for  transmission. 

Any  persons,  co-partnerships  and  association  may  construct, 
maintain  and  operate  telephone  and  telegraph  lines  and  shall 
possess  and  have  the  same  powers,  rights  and  privileges  in  rela- 
tion thereto  as  corporations. 

If  any  lal)or,  material  or  machinery  is  used  for  the  construc- 
tion or  alteration  or  repair  of  any  telegraph  or  telephone  line  the 


136  Telegraph  ai^d  Telephone  Companies. 

person  performing  the  labor  or  furnishing  the  material  shall  have 
a  lien  upon  the  line  so  imj^roved  and  npon  all  the  rights,  privileges 
and  franchises  of  the  owner  thereof,  and  which  lien  as  given  shall 
attach  and  take  effect  from  the  time  that  the  first  lot  of  labor  or 
material  is  fnrnished  for  the  beginning  of  the  improvement,  and 
shall  be  preferred  to  any  mortgage  or  other  encumberance  not 
then  on  record,  nnless  the  lien  holder  had  actnal  notice  thereof 
against  a  bona  fide  pnrchaser,  mortgagee  or  encumberancer  with- 
out notice,  how^ever,  no  lien  shall  attach  prior  to  the  actnal  and 
visible  beginning  of  the  improvement  on  the  ground,  bnt  any 
person  having  a  contract  for  the  furnishing  of  labor,  material  or 
machinery  for  such  improvement  may  file  for  record  with  the 
register  of  deeds  of  the  county  within  which  the  premises  are 
situate  a  statement  of  the  nature  of  such  contract,  which  statement 
shall  be  notice  of  his  lien  for  the  contract  price  or  valuations  of 
all  contribution  to  such  improvement  thereof  made  by  him  or  at 
his  instance,  which  lien,  however,  shall  cease  at  the  end  of  ninety 
days  unless  within  ninety  days  after  the  doing  of  the  last  work  or 
furnishing  the  last  item  of  material,  unless  within  such  time  a 
statement  of  the  claim  is  filed  for  record  with  the  county  register 
of  deeds  of  the  county  in  which  the  improved  premises  are 
situate. 

All  acting  telegraph  operators  are  exempt  from  jury  service. 

Every  telephone  company's  station  must  bear  as  its  name  the 
name  of  the  city  or  village  in  which  such  station  is  located,  and 
every  telegraph  company  i^  j)rohibited  from  using  as  a  name  for 
its  station  one  other  than  that  of  the  cit}^  or  village  within  which 
such  station  is  located  or  which  is  in  use  by  the  local  government 
post  office,  and  upon  failure  so  to  do  such  telegraph  company  shall 
forfeit  to  the  city  or  village  where  such  station  is  located  the  sum 
of  $100  for  each  such  day's  failure  shall  continue. 

IV.    TAXATION. 

There  shall  be  formed  a  State  Board  of  Equalization  and  an- 
nually each  telegraph  company  shall  file  with  the  State  Auditor 
a  statement  showing  the  total  number  of  miles  owned,  operated  or 
leased  within  the  State  with  a  separate  showing  of  the  number 
leased,   the  number   of  telegraph   stations   of  each  line   and   the 


Compilation  of  Statutes.  137 

number  of  instruments  in  use  with  the  total  mniiber  of  stations 
mentioned.  The  number  in  each  separate  line  or  division  thereof 
with  the  number  of  separate  wires  thereof  and  the  counties 
through  which  the  same  are  carried  and  the  average  number  of 
telegraph  poles  per  mile  used  in  the  erection  and  maintenance  of 
such  lines.  The  Board  of  Equalization  shall  assess  such  telegraph 
lines  at  the  true  cash  value  thereof  and  shall  determine  the  rate  of 
tax  to  be  levied  and  collected  upon  such  assessment  which  shall  not 
exceed  the  average  rate  of  taxes,  municipal,  general  and  local, 
levied  throughout  the  State,  and  such  tax  shall  be  in  lieu  of  all 
other  taxes,  State  and  local,  and  shall  be  payable  into  the  State 
treasury. 

Every  telephone  line  shall  pay  into  the  State  treasury  annually 
3  per  cent,  of  its  gross  earnings  derived  from  business  in  the 
State  which  shall  bo  in  lieu  of  all  other  taxes  and  assessments 
whatsoever  upon  siicli  company  and  its  capital  stock.  For  the  pur- 
pose of  ascertaining  the  gross  earnings  the  company  shall  annually 
furnish  an  abstract  of  these  accounts  to  the  State  Treasurer,  and 
such  tax  shall  be  a  lien  upon  all  the  property  and  fixtures  of  such 
telephone  company  and  shall  take  precedence  of  all  demands  and 
judgments  against  it. 

V.    CRIMES    AND    PENALTIES. 

Every  person  is  guilty  of  a  misdemeanor  who  conspires  to  pre- 
vent another  from  exercising  any  lawful  trade  or  calling  or  from 
doing  any  lawful  act,  committing  any  act  injurious  to  public 
health,  jiublic  morals,  trade  or  commerce,  or  for  the  perversion  or 
obstruction  of  public  justice  or  the  due  administration  of  the  laws. 
Any  person  shall  be  guilty  of  a  misdemeanor  who  shall  employ  or 
have  in  his  custody  for  employment  any  minor  under  the  age  of  18 
years  as  a  messenger  for  delivering  letters,  packages,  telegrams 
or  bundles  to  any  known  house  of  prostitntitm  or  assignation.  It 
shall  be  unlawful  for  any  person  or  cor]i(>i"ation  or  officer  thereof 
to  combine  to  interfere  in  procuring  or  in'  preventing  him  from 
procuring  employment  or  procure  his  discharge  by  threats  or 
blacklist  or  jn-eveut  or  hinder  a  discharged  cmplo^'c  or  one  who 
has  voluntarily  left  its  employ  from  obtaining  employment  else- 
where.    Persons  shall  be  jruiltv  of  a  misdemeanor  who  wilfullv  or 


138  Teleguaph  aistd  Telepho^s^e  Companies. 

maliciously  injures  or  destroys  a  line  of  telegraph  or  telephone  or 
any  appurtenances  connecting  "with  the  working  thereof.  Each 
person  who  shall  divulge  a  telegram  or  the  nature  thereof  or  shall 
refuse  or  neglect  to  transmit  or  deliver  the  same  or  who  opens  or 
causes  to  be  opened  and  read  a  sealed  letter  or  telegram  is  guilty 
of  a  misdemeanor.  A  person  is  guilty  of  a  misdemeanor  who 
wilfully  destroys,  displaces  or  grounds  or  in  any  way'  interferes 
with  any  pole  or  wire  or  underground  conduit,  subway,  cable  or 
any  electrical  apparatus  used  in  the  construction  or  operation  of 
any  electric  or  telephone  plant,  line  or  system.  It  is  unlawful  for 
any  corporation  to  make  a  contribution  from  corporate  funds  to 
any  political  committee  or  to  any  person  for  the  purpose  of  carry- 
ing on  any  political  campaign  for  the  nomination  or  election  of 
any  person  whatever. 

A  State  Board  of  Electricity  is  formed  consisting  of  five  mem- 
bers and  each  person  not  a  licensed  or  registered  electrician  shall 
apply  to  the  board  for  a  license,  and  such  applicant  shall  be 
examined,  and  if  found  proficient  and  reasonably  versed  in  the 
laws  of  electricity  the  board  shall  issue  him  a  license  good  for  two 
years. 

Employees  of  interstate  telegraph  or  telephone  companies  shall 
not  be  required  to  hold  licenses.  Every  master  electrician  before 
receiving  such  license  shall  give  bond  to  the  State  in  $5,000  con- 
ditioned for  the  faithful  performance  of  all  work  entered  upon 
or  contracted  for  by  him,  and  an  action  may  be  maintained  on 
such  bond  by  any  person  injured  or  damaged  through  want  of 
skill  or  the  use  of  unsuitable  or  improper  material  in  the  per- 
formance of  any  work  contracted  for  or  undertaken  by  said  master 
electrician  or  his  servant  or  employees.  There  shall  be  three 
classes  known  as  master,  journeymen  and  special  electricians. 

VI.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

!N"o  person  or  association  of  persons  shall  enter  any  pool,  trusty 
agreement  or  combination  whatsoever  with  any  other  persons  or 
association,  corporate  or  otherwise,  in  restraint  of  trade  or  which 
tends  to  in  any  way  or  degree  to  limit,  fix,  control  or  regulate  the 
price  of  any  article  of  trade,  manufacture  or  use  bought  and  sold 
within  the  State  or  which  limits  or  tends  to  limit  the  production 


Compilation  of   Statutes.  139 

of  any  such  article  or  which  prevents  or  limits  competition  in  the 
purchase  and  sale  thereof  or  which  tends  and  is  designated  so  to 
do,  and  every  person  violating  any  provisions  of  this  section  or 
.assisting  therein  shall  be  guilty  of  felony  punishable  by  a  fine  of 
no  less  than  $500  or  more  than  $5,000  or  imprisonment  of  not  less 
than  three  or  more  than  five  years. 

Every  domestic  corporation  violating  this  provision  shall  for- 
feit its  corporate  franchise,  and  every  foreign  corporation  on  like 
conduct  shall  be  prohibited  thereafter  from  continuing  its  business 
in  this  State. 

VII.    LEGISLATURE. 

The  Legislature  shall  meet  biennially. 


140  Telegeaph  a]S(D  Telephone  Companies. 


MISSISSIPPI. 


I.  CONSTITUTION. 

JSTo  corporation  shall  be  formed  nnder  special  laws  and  no 
charter  shall  be  granted  for  a  longer  period  than  ninety-nine 
years.  Xo  municipality  shall  become  a  subscriber  to  the  capital 
stock  of  any  corporation  or  make  appropriation  or  loan  its  credit 
in  aid  thereof.  The  exercise  of  eminent  donuiin  shall  never  be 
abridged  or  so  construed  as  to  prevent  the  Legislature  from  tak- 
ing the  property  and  franchise  of  incorporated  companies  and 
subjecting  them  to  public  use. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
except  on  due  compensation  being  first  made  to  the  owners  thereof, 
and  whenever  an  attempt  is  made  to  take  private  property  for 
use  alleged  to  be  public  the  question  w^hether  the  contemplated 
use  be  public  shall  be  a  judicial  question. 

The  Legislature  shall  pass  laws  to  prevent  abuses,  unjust  dis- 
crimination and  extortion  in  all  charges  of  telegraph  and  tele- 
phone companies,  and  shall  enact  laws  for  the  supervision  of  such 
companies  and  other  common  carriers  in  the  State  by  commission 
or  otherwise,  and  shall  provide  adequate  penalties  to  the  extent,  if 
necessary,  for  that  purpose,  of  forfeiture  of  their  franchises.  The 
Legislature  shall  enact  laws  to  preveut  all  trusts,  combinations, 
contracts  and  agreements  inimical  to  the  public  welfare. 

II.  CORPORATIONS. 

The  persons  desiring  to  incorporate  shall  apply  to  the  Secretary 
of  State  for  application  for  charter.  Such  application  shall  be 
acknowledged  and  shall  be  published  for  three  weeks  in  a  news- 
pa])er  published  at  the  domicile  of  the  proposed  corporation.  The 
Attorney-General  shall  examine  the  same,  and  if  he  approves,  and 
if  the  Governor  shall  thereafter  approve,  the  Secretary  of  State 
shall  record  the  charter  and  certify  the  same  under  the  seal  of  the 
State,  aud  the  same  shall  also  be  recorded  in  the  office  of  the  clerk 
of  the  Chaucery  Court  of  the  county  in  which  the  corporation 
does  business.     Every  corporation  created  shall  have  succession 


COMPILATIOX    OF    STATUTES.  141 

for  the  time  limited  in  the  charter,  but  never  exceeding  fifty 
year?.  Every  corporation  may  hold  personal  property  in  any 
amount  necessai'v  for  its  nses  and  purposes,  and  every  such  cor- 
poration, except  manufacturing  corporations,  may  hold  lands 
necessary  for  its  purposes,  to  an  amount  in  value  not  exceeding 
$1,000,000. 

Foreign  Corporations. 

Foreign  corporations  may  file  with  the  Governor  a  copy  of  its 
charter  or  of  its  certificate  of  incorporation,  and  if  on  examination 
the  Attorney-General  shall  certify  his  approval  and  the  Governor 
thereafter  approves  the  same,  the  Secretary  of  State  shall  record 
the  copy  in  the  book  in  his  office  and  a  copy  of  the  charter  shall 
be  issued  to  the  corporation,  and  jjrocess  may  be  served  npon  the 
Secretary  of  State  and  such  foreign  corporations  shall  be  sub- 
ject to  suit  in  the  State  to  the  same  extent  as  domestic  corpora- 
tions, whether  the  cause  of  action  is  created  in  this  State  or  not, 
and  process  may  be  served  upon  any  agent  of  the  corporation 
found  within  the  connty  where  the  suit  is  brought.  Any  obli- 
gation or  security  of  any  kind  given  by  any  subscriber  for  stock 
in  any  corporation  shall  not  be  considered,  taken  or  held  as  pay- 
ment of  any  part  of  the  capital  stock  of  the  company.  A  loan  of 
money  shall  not  be  made  by  a  corporation  to  any  stockholder 
therein,  j^o  dividend  shall  be  declared  when  the  company  is 
insolvent  or  would  be  rendered  insolvent  by  a  withdrawal  of  the 
payment  of  such  dividend,  and  the  directors  assenting  thereto  as 
well  as  the  stockholder  wdio  receives  shall  be  jointly  and  severally 
liable  to  the  creditors  whose  debts  then  existed  to  the  extent  of 
such  withdrawal  or  dividend  or  interest. 

III.    TELEGRAPH  AND  TELEPHONE  C03IPANIES. 

All  organizations  or  corporations  organized  for -the  purpose  of 
constructing  telegraph  or  telephone  lines  shall  be  authorized  to 
construct  the  same  and  to  set  np  and  erect  the  poles  and  fixtures 
along  and  across  highways,  railroads  and  canals,  and  through 
public  lands,  and  the  same  shall  be  constructed  so  as  not  to  be 
dangerous  to  persons  or  property  or  to  interfere  with  the  common 
use  of  such  highways  or  when  the  conveniences  of  any  land- 
owner may  be  interfered  with,  and  shall  be  constructed  so  as  to 


142  Telegraph  axd  Telephone  Companies., 

cross  highways  at  right  angles.  The  boards  of  supervisors  of  any 
•countv  and  the  authorities  of  any  city  or  municipality  through 
which  any  telegraph  or  telephone  line  may  pass  shall  have  power 
■to  regulate  within  their  respective  limits  the  manner  in  which  the 
same  shall  be  constructed  and  maintained;  and  such  companies 
shall  be  responsible  for  any  damages  which  any  person  may  sus- 
'taiu  by  the  erection,  continuance  and  use  of  such  line  and  the 
■fixtures  thereof. 

Such  companies  are  empowered  to  exercise  the  right  of  eminent 
domain.  Any  foreign  telegraph  or  telephone  company  which  shall 
engage  in  business  in  the  State  and  which,  when  sued  in  any  court 
of  the  State  shall  remove  such  case  to  a  federal  court  or  which 
shall  institute  any  suit  in  a  federal  court  which  it  could  not  main- 
tain if  it  were  not  a  domestic  company,  shall  forfeit  its  right  and 
be  prohibited  from  engaging  in  intra-State  commerce  within  the 
State,  and  shall  forfeit  its  right  of  eminent  domain.  Telegraph 
and  telephone  companies  may  exercise  the  right  of  eminent  do- 
main across  railways,  and  if  the  railroad  company  shall  object 
the  Railway  Commissioners  shall  have  jurisdiction  to  enter  an 
order  directing  how  the  poles  and  wires  shall  be  erected  and 
strung.  Actions  may  be  brought  against  any  telegraph  company 
in  any  county  in  which  any  part  of  such  telegraph  line  may  be. 

The  Board  of  Railway  Commissioners  is  created.  They  shall 
keep  a  docket  of  petitions  and  complaints,  and  in  case  of  complaint 
against  a  railroad  or  other  common  carrier  the  commission  shall- 
give  the  party  complained  of  reasonable  notice.  All  notices  given 
or  required  to  be  given  or  to  be  served  upon  railroads  or  other 
common  carriers  of  passenger,  freight  or  intelligence  shall 
be  served  sufficiently  when  deposited  in  the  post  office  ad- 
dressed to  the  railroad  or  other  common  carrier  or  the  chief 
officer  thereof.  ■  All  findings  of  the  commission  shall  be  in 
writing.  The  commission  may  issue  process  for  witnesses  and 
may  apply  to  the  Chancery  Court  to  compel  compliance  with  its 
lawful  orders  and  determinations.  A  party  injured  may  recover 
of  the  person  or  corporation  guilty  of  extortion  twice  the  amount 
of  damages  sustained  by  the  overcharge  or  discrimination.  Every 
railroad  or  other  common  carrier  must  submit  its  tariffs  to  the 
■commission  which  shall  revise  such  tariffs  as  are  not  subject  to 


CoiMPiLATrox  OF  Statutes.  143 

exclusive  regulation  by  Congress,  and  the  commission  shall  de- 
termine the  reasonableness  of  the  compensation  for  the  service  to 
be  rendered  and  shall  approve  the  tariffs  as  corrected,  and  shall 
so  revise  and  regulate  the  charges  as  to  allow  reasonable  compensa- 
tion for  the  services  to  be  rendered.  And  shall  revise  the  tariff 
from  time  to  time  as  justice  to  the  public  and  the  railroad  and 
other  common  carriers  mav  require  and  shall  increase  or  reduce 
any  of  the  rates  as  experience  and. business  operations  show  to  be 
just,  and  shall  fix  joint  tariffs  on  rates  for  connecting  lines.  The 
Railroad  Commission  may  fix  the  charges  of  and  supervise  and 
regulate  all  persons,  natural  or  artificial,  who  may  own  or  operate 
express,  telegraph  or  telephone  lines,  and  it  shall  be  the  duty  of 
such  company  to  have  and  maintain  fixed  rates,  which  shall  be 
applicable  to  all  persons  alike,  and  to  submit  them  to  the  Com- 
mission for  approval  and  to  comply  with  the  orders  and  regula- 
tions of  the  Commission  made  in  supervising  their  company.  The 
Commission  are  empowered  to  demand  and  require  by  proper 
means  copies  of  contracts  and  agreements  for  transportation  or 
otherwise. 

The  Commission  shall  hear  and  determine  all  complaints  as  to 
operation  of  rates.  Such  complaint  must  be  in  handwriting  and 
must  specify  the  grounds.  The  Commissioners  shall  then  furnish 
the  railroad  with  a  copy  of  the  complaint,  with  a  notice  of  the 
time  and  place  of  hearing,  and  at  that  time  and  place  shall  hear 
the  parties,  and  shall  give  notice  of  any  change  deemed  proper  to 
be  made  to  the  railroad  and  require  compliance  with  its  orders. 

Every  telegraph  company  shall  make  such  return  and  reports  as 
are  required  of  railroads.  The  Railroad  Commissioners  shall 
require  all  the  necessary  information  from  such  company  and 
shall  nuike  such  reasonable  orders  for  their  supervision  and  regu- 
lation from  time  to  time  as  to  their  charges  and  otherwise  as  the 
public  interests  might  require.  Telegraph  or  telephone  companies 
shall  deliver  all  messages  to  a  person  residing  in  any  city,  town 
or  village  where  it  may  have  an  oftice  or  within  one  mile  of  its 
oftiee,  and  upon  its  failure  or  neglect,  Avithou.t  good  reason,  to 
transmit  correctly  or  deliver  the  same  within  a'  reasonable  time 
the  person  injured  shall  be  entitled  to  recover  $25,  in  addition  to 
the  damages  for  the  injury. 


144  Telegkaph  and  Telephone  Companies. 

Telegraph  and  telephone  companies  shall  transmit  all  messages 
between  jjoints  where  it  may  have  offices,  and  snch  company  shall 
receive  any  messages  at  one  of  its  offices  for  transmission  to  a 
person  addressed  at  a  point  w^here  it  has  an  office  in  the  State,  and 
on  neglect  or  failure  to  transmit  the  same,  the  injured  person 
shall  be  entitled  to  recover  $25,  in  addition  to  the  damages  for 
injury.  Every  telegraph  and  express  company  shall  establish  and 
maintain  offices  for  the  transaction  of  business  with  the  public  at 
each  city,  town  and  village  convenient  to  its  route,  if,  in  the  opin- 
ion of  the  Kailroad  Commission,  the  public  conveniences  and 
necessities  require  it,  and  the  Commission  has  authority  to  require 
telegraph  companies  to  keep  night  operators  at  every  jjlace  where, 
in  its  judgment,  the  business  and  public  convenience  justify  and 
require  it.  Any  company  violating  the  provisions  of  this  act  or 
failing  to  comply  with  any  lawful  order  or  to  conform  to  the  rules 
and  regulations,  or  shall  demand  or  receive  a  greater  sum  than  is 
authorized  by  law  or  the  Commission,  shall  be  subjected  to  a  pen- 
alty of  $500  for  any  such  failure  or  neglect  or  for  such  overcharge. 
The  Railroad  Commission  shall  enforce  the  laws  affecting  com- 
mon carriers,  and  investigate  and  determine  whether  the  laws  are 
being  complied  with,  and  prosecute  all  offenses. 

V.    TAXATION. 

Telegraph  and  telephone  companies  shall  be  assessed  for  ad 
valorem  taxation  in  the  same  manner  as  railroads,  and  the  Rail- 
road Commissioners  shall  be  assessors  thereof.  Telegraph  and 
telephone  companies  shall  file  the  schedules  required  of  railroads. 
Annually  each  company  shall  file  the  complete  schedule  of  its 
property,  real  and  personal,  taxable  or  non-taxable ;  its  length  in 
miles  and  the  number  of  miles  in  the  State  and  in  each  county 
thereof  and  in  each  city,  town  or  village,  and  the  value  of  each 
part  and  the  whole  thereof  as  subdivided ;  the  amount  of  its  cap- 
ital stock,  the  par  and  actual  value,  the  value  of  its  franchise ; 
the  gross  amounts  of  receipts  of  the  year  preceding;  the  value 
and  number  of  its  buildings,  and  in  what  county,  city,  town  and 
village  or  levee-  district  located,  and  the  value  of  each,  including 
lands  upon  which  the  same  are  built ;  the  value  of  all  machinery, 
fixtures  and  poles  and  in  what  county,  city,  town,  or  levee  district 


COMPILATIOX    OF    STATUTES.  145 

located,  and  all  real,  iiersonal  or  mixed  property  belonging  to  the 
compan}-  within  the  State;  together  with  a  list  of  all  land  owned 
in  the  State,  the  location,  value  and  its  quantity. 

In  the  event  of  a  violation,  the  person  or  company  failing  to 
render  the  schedule  shall  forfeit  to  the  State  the  sum  of  $5,000. 
The  members  of  the  Railroad  Commission  are  constituted  rail- 
road assessors  and  upon  receipt  or  making  and  completion  of  the 
schedule  shall  assess  all  railroad,  telegraph  and  telephone  stock 
companies  at  its  true  value,  so  that  such  jjroperty  shall  bear  its 
just  proportion  of  taxation,  taking  into  consideration  the  value  of 
the  franchise,  the  capital  stock  engaged  in  the  business  in  the 
State.  The  said  railroad  assessors  shall  each  year  make  out  for 
each  county  having  a  railroad,  telegraph  or  telephone  line  an 
assessinent  roll  of  the  property,  real  and  personal,  in  the  city, 
town  or  other  taxing  district,  which  roll  shall  contain  all  the 
property  of  such  company,  the  value  and  the  said  taxes  therein, 
and  so  made  that  each  taxing  district  shall  receive  its  just  share 
of  such  tax  proportionately  of  the  amount  of  such  property  therein 
situated.  The  railroad  assessors  shall  convene  annually  and  hear 
and  determine  all  objections  to  the  assessments  made  by  them. 
And  upon  the  approval  thereof  the  different  assessment  rolls  shall 
be  sent  to  the  clerks  of  the  board  of  supervisors  of  the  respective 
counties.  Each  county  and  niunieipal  assessor  shall  submit  to  the 
Railroad  Commission  the  whole  and  complete  itemized  statement 
showing  the  valuation  of  the  property,  real  and  personal,  of  every 
kind  and  description  owned  or  used  by  railroad,  telegraph  or  tele- 
phone company  doing  business  in  their  cities  or  counties.  The 
Railroad  Commissioners,  in  assessing  the  value  of  all  telegraph 
or  telephone  companies  doing  business  in  the  State,  shall  base  tlie 
valuation  of  the  property  not  only  on  the  number  of  miles  of  poles 
the  corporation  owns  and  uses  in  the  State,  but  shall  also  take 
into  consideration  the  number  and  character  of  poles  and  all 
descriptive  equipment  thereof,  and  the  number  and  kinds  of  wire, 
wires  or  cables  strung  along  and  used  or  maintained  on  said  poles. 
Privilege  taxes  are  levied  on  telegraph  and  telephone  companies 
based  upon  the  number  of  miles  of  pole  line,  and  also  based  upon 
the  number  of  subscribers  to  each  exchange  on  both  local  and  long 
distance  telephone  companies  and  lines. 
Vol.  2  —  10 


1-iG  Telegraph  axd  Telephone  Companies. 

Municipalities  shall  not  impose  privilege  taxes  on  long  distance 
telephone  companies,  but  only  on  telephone  exchanges.  Tele- 
graph companies  shall  pay  direct  for  their  privileges  to  the  Audi- 
tor of  Public  Accounts,  while  telephone  companies  shall  pay  tax 
as  prescribed  to  the  collector  of  taxes  of  the  county  and  obtain 
of  him  the  license  required  for  the  privilege. 

The  mayor  and  board  of  aldermen  of  every  city,  town  and  vil- 
lage have  the  power  by  ordinance  to  grant  the  right  for  the  erec- 
tion of  telephone  or  telegraph  poles  and  wires  along^any  of  the 
streets  or  public  places  of  the  municipality  and  to  grant  the  use 
of  the  streets  or  public  grounds  for  the  purpose  of  the  laying  of 
conduits  for  telegraph  or  telephone  lines,  but  such  franchise  shall 
not  be  granted  for  a  longer  period  than  twenty-five  years,  and 
such  privilege  shall  not  be  exclusive,  and  to  aid  and  encourage  the 
establishment  of  manufacturing  and  other  enterprises  of  public 
utility  other  than  railroads  within  the  corporate  limits  by  exempt- 
ing the  property  used  for  such  purposes  from  municipal  taxation 
for  a  period  not  longer  than  ten  years.  All  franchises  granted 
shall  be  submitted  to  the  qualified  voters  of  the  municipality  in  an 
election  and  shall  receive  the  approval  of  the  majority  of  the  votes 
cast  before  becoming  affected. 

V.    CRI3IES  AND  PENALTIES. 

Any  intentional  or  negligent  obstruction,  injury  or  destruction 
of  any  telegraph  or  telephone  line,  or  any  person  who  shall  take, 
carry  away  or  destroy  any  of  the  poles,  insulators  or  fixtures 
belonging  thereto  shall,  after  conviction,  be  fined  not  less  than 
$500  or  imprisonment  not  to  exceed  six  months,  or  both.  Divulg- 
ing the  contents  of  a  telegram  is  punishable  by  a  fine  of  not  more 
than  $200  or  by  imprisonment  not  exceeding  three  months,  or 
both.  Xo  telegraph  or  telephone  company  shall  discriminate 
against  any  telegrapher  in  its  service  or  out  of  its  service  or  black- 
list or  refuse  employment  to  any  telegrapher  only  because  of  such 
telegrapher's  affiliation  with  or  membership  in  any  lawful  organi- 
zation or  trade  or  labor  union  of  telegraphers.  And  such  com- 
panies shall  be  liable  in  actual  and  exemplary  damages  to  the 
person  so  discriminated  against;  nor  shall  such  companies  conspire 
secretly  to  defeat  the  prohibition  of  this  act  or  to  discriminate 


COMI'ILATIOX    OF    STATUTES.  14:7 

against,  black  list  or  refuse  eiiiployiiicut  to  any  telegrapher  on 
account  of  his  affiliation  with  or  membership  in  any  lawful- organi- 
zation or  trade  or  labor  union  of  telegraphers. 

VI.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Trusts  and  coud)Iuations  in  restriction  of  trade  to  unite  or  pool 
interests  in  the  numufacturing,  production,  transportation  or  price 
of  a  commodity  or  the  ])lacing  or  controlling  of  business  or  of 
products  in  the  power  of  a  trustee  or  to  own  or  hold  a  certificate 
of  stock  of  any  trust  or  company  or  to  limit,  increase  or  reduce 
the  price  of  a  commodity  or  to  limit,  increase  or  reduce  the  produc- 
tion or  output  thereon  is  inimical  to  the  public  welfare  and  is 
unlawful  and  a  criminal  conspiracy,  and  any  corporation,  domestic 
or  foreign,  which  shall  create,  enter  into  or  become  a  member  of  any 
pool,  trust,  combination  or  agreement  to  regulate  or  fix  the  price 
in  this  State  of  any  article  of  manufacture  or  to  extend  the  price 
or  to  fix  or  limit  the  amount  or  quantity  of  any  article  or  com- 
modity shall  be  adjudged  and  deemed  guilty  of  a  conspiracy  to 
defraud;  and  any  corporation,  domestic  or  foreign,  who  shall 
restrain  or  attempt  to  restrain  the  freedom  of  trade  or  production, 
or  who  shall  monopolize  or  attempt  to  monopolize  the  production, 
control  or  sale  of  a  commodity  or  destroy  or  attempt  to  destroy 
a  commodity  or  the  manufacture  or  sale  thereof  by  selling,  offering 
for  sale  the  same  at  a  lower  ])rice  at  one  place  in  the  State  than 
in  another,  or  by  selling  or  offering  the  same  for  sale  at  a  price 
below  the  normal  cost  of  production,  or  who  shall  destroy  or 
attempt  to  destroy  competition,  shall  be  deemed  and  held  a  trust 
and  combine. 

'Ko  penalty  or  forfeiture  shall  be  in  anywise  remitted.  Con- 
tracts or  agreements  to  enter  into  or  ])ursue  any  trust  or  combine 
are  void  and  cannot  be  enforced  in  court,  and  any  j^erson  or  cor- 
poration or  agent  violaliug  any  of  I  he  ])r()visious  of  these  chapters 
shall  be  fined  uoj  more  than  $5,000  for  any  offense;  and  each  day 
such  person  or  corjjoratiou  shall  do  so  shall  be  a  separate  offense, 
and  the  ]icnaUy  recovered  by  action  in  the  name  of  the  State  on 
the  relation  of  the  Altorney-CJeueral  or  the  district  attorney. 

Xo  corporation  shall  directly  or  indirectly  purchase  or  own 
the  capital  stock  or  any  ]nu-t  thereof  of  any  other  corporation  or 


148  Telegraph  and  Telephone  Companies. 

in  any  manner  acqnire  its  franchise,  plant  or  equipment,  if  such 
other  corporation  is  engaged  in  the  same  kind  of  business  and  be 
a  competitor  therein ;  and  if  the  corporation  offending  shall  be  a 
domestic  corporation  it  shall  forfeit  its  charter,  and  if  a  foreign 
corjDoration  shall  forfeit  its  right  to  do  business  in  this  State. 
Any  person  injured  or  damaged  by  a  trust  or  combination  or  its 
effect,  direct  or  indirect,  may  in  each  case  of  injury  or  damage 
recover  $500  and  all  actual  damage,  and  may  maintain  his  action 
therefor  against  one  or  more  parties  to  the  trust  and  combine. 

VII.    liEGISIiATTJKE. 

The  Legislature  shall  meet  in  regular  session  on  the  first  Tues- 
day after  the  first  Monday  in  January  of  the  year  1892,  and  every 
four  years  thereafter,  and  in  sJDecial  session  on  the  first  Tuesday 
after  the  first  Monday  in  January  in  the  year  1894  and  every  four 
years  thereafter,  unless  sooner  convened  by  the  Governor. 


CoMPiL.vTiox  OF  Statutes.  149 


MISSOURI. 


I.  CONSTITUTION. 

Xo  corporation  shall  be  created  by  special  law. 

The  exercise  of  the  power  and  right  of  eminent  domain  shall 
not  be  so  construed  or  abridged  as  to  prevent  the  taking  by  the 
General  Assembly  of  the  property  and  franchises  of  incorporated 
companies  and  subjecting  them  to  the  |)ublic  use  the  same  as  that 
of  individuals. 

The  business  of  a  corporation  is  limited  to  that  authorized  in 
its  charter  and  no  corporation  shall  hold  any  real  estate  for  any 
period  longer  than  six  years,  except  such  as  may  be  necessary  and 
proper  for  the  carrying  on  of  its  legitimate  business. 

Xo  private  property  can  be  taken  for  private  use  unless  by  the 
consent  of  the  owner  except  for  private  ways  of  necessity,  and 
whenever  an  attempt  is  made  to  take  private  property  for  a  use 
alleged  to  be  public  the  question  whether  the  contemplated  use  be 
really  ])ublic  shall  be  a  judicial  question  and  private  property 
shall  not  be  taken  or  damaged  for  public  use  without  just  com- 
pensation. 

A  municipality  shall  not  subscribe  to  the  capital  stock  of  any 
corporation  or  loan  its  credit  in  aid  thereof. 

II.  CORPORATIONS. 

A  corporoation  shall  file  with  the  Secretary  of  State  a  copy  of 
its  articles  of  association  and  a  copy  certified  by  that  official  shall 
be  filed  and  recorded  in  the  office  of  the  recorder  of  deeds  of  the 
county  in  which  the  corporation  is  organized. 

x\ny  telegraph,  manufacturing  or  other  company  doing  business 
in  the  State  and  desiring  to  reduce  the  wages  of  its  employees  or 
any  of  them,  shall  give  notice  to  the  employees  to  be  affected 
thereby  thirty  days'  notice  thereof.  Every  domestic  corporation 
shall  annually  report  to  the  Secretary  of  State  its  ju-incipal  busi- 
ness offi-ce,  the  name  of  its  ])rcsident  and  secretary,  the  amount  of 
capital  stock  subscribed  and  paid  up,  the  par  and  actual  value  of 
the  stock  and  the  cash  value  of  all  its  ju-opcrty,  real  and  personal, 
within  the  State. 


150  Telegijapji  a:s'd  Telephone  Co:\ipaxies. 

Every  foreign  corporation  shall  report  annnally  the  location  of 
its  office,  factory  or  plant,  the  name  of  its  principal  officer  in  the 
State,  and  the  cash  valne  of  its  property,  real  and  personal,  within 
the  State.  Every  domestic  corporation  shall  keep  a  general  office 
within  the  State  and  shall  have  at  least  three  of  its  directors  citi- 
zens and  residents  of  the  State. 

Every  foreign  corporation  shall  maintain  a  pnblic  office  in  the 
State  where  legal  service  may  be  obtained  npon  it  and  any  foreign 
corporation  shall  not  be  permitted  to  mortgage  or  otherwise  encnm- 
ber  its  real  or  personal  property  sitnate  in  this  State,  to  the 
injury  or  exclusion  of  any  citizen  or  corporation  in  the  State,  who 
is  a  creditor  of  such  foreign  corporation ;  and  no  mortgage  by  any 
foreign  corporation,  except  railroad  and  telegraph  companies, 
given  to  secure  any  debt  created  in  any  other  State,  shall  take 
effect  against  any  citizen  or  corporation  of  this  State  until  all  of 
its  liabilities  due  to  persons  or  corporations  of  this  State  have  been 
paid. 

Every  foreign  corporation  shall  file  with  the  Secretary  of  State 
a  copy  of  its  charter  or  articles  of  association  and  a  statement  set- 
ting forth  its  business  or  the  business  which  it  proposes  to  carry 
on  in  this  State  and  the  proportion  of  ca]>ital  stock  which  is  repre- 
sented by  its  property  located  and  business  transacted  in  Missouri. 

Any  number  of  persons,  not  less  than  five,  being  subscribers  to 
the  stock  of  any  contemplated  telephone  or  telegraph  company, 
may  be  formed  into  a  corporation  for  the  purpose  of  constructing, 
owning,  and  maintaining  lines  of  telegraph  or  telephone.  When- 
ever the  stock  to  the  amount  of  not  less  than  $20,000  shall  have 
been  subscribed  for  the  purpose  of  forming  a  telephone  company, 
the  subscribers  to  such  stock  shall  elect  not  less  than  three  di- 
rectors and  shall  subscribe  the  articles  of  association,  which  shall 
be  recorded  in  the  office  of  the  county  recorder  of  deeds  and  then 
filed  in  the  office  of  the  Secretary  of  State,  and  the  persons  named 
in  the  articles  of  association  and  their  successors  shall  have  power 
to  construct,  own,  and  operate  telegraph  and  telephone  lines 
between  such  points  as  they  may,  from  time  to  time,  determine, 
and  to  make  reasonable  charge  for  the  use  of  the  same,  and  have 
power  to  lease  or  attach  to  their  line  other  telephone  or  telegraph 
lines  by  lease  or  purchase.     And  for  the  purpose  of  constructing 


Compilation  of  Statutes.  151 

and  maintaining  such  lines  these  companies  are  authorized  to  set 
their  poles  and  lixtures  along  any  public  road,  streets  or  waters 
of  the  State  in  such  manner  as  not  to  incommode  the  public,  pro- 
vided that  any  such  companies  placing  their  poles  or  fixtures  in 
any  city  shall  first  obtain  from  such  city  consent  through  the 
municipal  authorities.  Such  companies  are  also  authorized  to 
enter  upon  lands  to  make  preliminary  examinations,  and  from 
time  to  time  appropriate  so  much  of  the  lands  as  may  be  necessary 
to  erect  these  poles  and  fixtures  and  to  make  changes  of  location, 
and  shall  have  right  of  access  to  construct  the  line  and  may  put  up 
the  lines  in  any  manner  provided  by  law. 

Xo  company  shall  have  power  to  contract  with  any  such  owner 
of  lands  for  the  exclusive  privilege  of  erecting  or  maintaining  a 
telegraph  or  telephone  line  over  the  said  lands. 

Such  companies  shall  provide  sufficient  facilities  for  the 
despatch  of  the  business  of  the  public  and  shall  receive  despatches 
from  and  over  other  telephone  or  telegraph  lines  and  from  or  for 
any  individual  and  on  payment  or  tender  of  their  usual  charges, 
to  transmit  the  same  promptly  and  with  impartiality  under  a 
penalty  of  $200  for  every  neglect  or  refusal  to  be  recovered  by  the 
person  desiring  to  send  such  despatch.  One-half  of  the  amount  to 
be  retained  by  the  plaintiff  and  the  other  one-half  to  be  paid  to 
the  public  school  funds  of  the  State,  and  the  burden  of  proof  shall 
be  upon  the  company  to  show  that  the  wire  was  engaged  as  the 
reason  for  the  delay  in  transmitting  such  message.  Where  the 
person  sending  a  despatch  desires  to  have  it  forwarded  over  the 
lines  of  any  other  company  whose  termini  are  respectively  within 
the  limits  of  the  usual  delivery  of  such  company  to  the  place  of 
final  destination,  and  shall  tender  to  the  first  company  the  amount 
of  the  usual  charges  of  despatch  to  the  place  of  final  delivery,  it 
shall  be  the  duty  of  the  company  to  receive  and  without  delay 
transmit  and  forward  the  despatch  in  the  same  manner  as  if  the 
person  sending  the  same  had  applied  to  the  operator  of  such  line 
in  person  and  paid  him  the  usual  charges. 

It  shall  be  the  duty  of  the  operator  or  agent  who  may  receive 
despatches,  to  inform  the  applicant,  and  when  required  by  him, 
to  write  upon  the  despatch  that  the  line  is  not  in  working  order 
or  that  those  already  on  hand  for  transmission  will  occupy  the 


152  Telegeaph  axd  Teleppioxe  Companies. 

time  so  that  the  despatch  either  cannot  be  transmitted  within  the 
time  reqnired  or  promptly. 

^o  false  communication  shall  knowingly  be  transmitted  by  any 
officer  or  agent  operating  such  line,  nor  shall  any  forged  despatches 
be  knowingly  sent  or  delivered,  and  each  company  shall  be  liable 
for  special  damages  occasioned  by  the  failure  or  neglect  of  its 
service  in  receiving,  copying,  transmitting  or  delivering  despatches 
and  for  the  disclosure  of  any  of  the  contents  of  any  private 
despatches. 

The  common  council  of  any  city  and  trustees  of  any  incorpo- 
rated town  through  which  the  lines  of  any  company  may  pass, 
may  by  ordinance  designate  the  placing  of  the  poles  and  attach- 
ments, and  shall  have  the  power  to  direct  any  alteration  in  the 
location  thereof. 

Any  telegrai^h  company  may  unite  or  consolidate  with  any 
other  company. 

All  persons,  firms  and  corporations  owning  or  operating  a  tele- 
phone or  telegraph  line  or  exchange  under  franchises  granted  by 
the  State  or  any  of  its  cities,  or  operating  in  any  such  cities,  are 
required  to  charge  no  more  for  the  services,  of  such  utilities  than 
such  rates  as  shall  be  fixed  from  time  to  time  by  ordinances  by  the 
.cities  in  the  State  in  which  such  utilities  are  operated,  and  all  the 
cities  are  granted  the  power  and  authority  to  fix  by  ordinance  the 
rates  of  charo-e  for  the  services  of  such  utilities,  within  their  cor- 
porate  limits  and  to  provide  and  enforce  fines  and  penalties  for 
the  violation  thereof,  and  to  change  such  rates  by  ordinance  from 
time  to  time  as  often  as  may  be  deemed  necessary ;  provided,  how- 
ever, that  such  rates  must  be  reasonable  and  shall  not  be  changed 
oftener  than  once  in  every  two  years. 

Any  person  or  company  owning  or  operating  any  of  the  said 
utilities  and  claiming  to  be  aggrieved  by  the  rates  fixed  by  such 
ordinance  may  as  plaintiff  file  in  the  Circuit  Court  within  twenty 
days  after  the  passage  of  such  ordinance  a  petition  setting  forth 
its  objections  thereto,  whereupon  process  will  issue  against  the 
city  and  pleadings  and  proceedings  be  had  as  in  other  cases  and 
either  \)i\rty  shall  have  the  right  of  appeal  to  the  Appellate  Court 
as  in  other  cases.  Such  case  shall  be  heard  and  determined,  and 
shall  have  precedence  in  time  over  other  civil  cases.      JSTothing 


COMIMLATJON    OF     STATUTES.  153 

herein  contained  shall  be  constrned  to  mean  that  any  power  or 
jnrisdiction  is  conferred  npon  sneh  courts  to  fix  such  rates  or 
regulate  the  charges  of  any  such  public  utilities. 

Any  city  or  town  may  by  ordinance  pro\ide  for  and  establish 
a  commission  to  make  investigation  into  the  facts  and  matters 
adjudged  and  established  by  such  just  and  reasonable  rates  and 
after  such  investigation,  said  commission  shall  repoi-t  its  findings 
and  recommendations  to  the  city  council  and  all  such  cities  and 
towus  shall  have  power  and  authority  by  ordinance  to  require  and 
enforce  the  production  of  books  and  papers  and  compel  the 
attendance  of  witnesses  before  the  city  council  or  any  duly  con- 
stituted commission  or  connnittee  thereof  for  the  purpose  of  ascer- 
taining what  is  a  just  and  reasonable  rate  or  rates. 

IV.    TAXATION. 

All  property,  real  and  personal,  including  the  franchise,  owned 
by  telegraph  and  telephone  companies  shall  be  subject  to  taxation 
for  county,  municii)al  and  other  local  purposes  to  the  same  extent 
as  the  jn-opcrty  of  private  persons. 

Annually  the  chief  officer  of  the  company  shall  furnish  to  the 
board  a  statement  showing  in  detail  the  total  length  of  the  line 
and  all  liable  property  owned,  used  or  leased  by  it,  and  shall  fur- 
nish to  the  clerk  of  the  County  Court  of  each  county,  duplicate 
statement  of  their  pro})erty  in  such  county,  and  the  clerk  of  the 
county  having  ascertained  that  that  statement  is  correct,  shall 
forward  an  official  statement  of  what  is  believed  to  be  the  actual 
cash  value  of  all  property  reported  to  the  State  Auditor. 

The  Board  of  Assessment  and  Equalization  shall  assess,  adjust, 
and  equalize  the  pro])erty  belonging  to  said  company  and  shall 
apportion  the  aggregate  value  of  all  property  belonging  to  such 
company,  or  under  their  control,  to  each  county  or  municipality 
in  which  such  lines  are  situate,  according  to  the  ]n'oportion  which 
the  number  of  miles  of  line  located  in  such  county  or  municipality 
shall  bear  to  the  whole  length  of  lines  in  the  State. 

All  property,  real,  ]iersonal,  or  mixed,  including  the  lines,  ma- 
chinery and  buildings  owned  or  controlled  by  any  company,  except 
the  lines,  shall  be  assessed  by  the  proper  assessors  with  the  several 
counties  wherein  the  property  is  located.  Each  city,  by  its  mayor 
and  assembly,  shall  by  ordinance  be  permitted  to  license,  tax  and 


154  Telegraph  ajsD  Telephone  Companies. 

regulate  telegraph  and  telephone  companies  and  license,  tax  and 
regulate  or  suppress  all  occupations  and  trades  of  whatever  name 
or  character,  and  in  cities  of  the  third  class,  the  council  may  by 
ordinance  regulate  and  fix  the  reasonable  maximum  rates  and 
charges  for  the  rental  and  use  of  telephone  and  telegraph  service 
within  such  city  and  the  price  and  quality  of  water,  gas  or  other 
means  of  lighting,  furnished  or  oj)erating  under  any  franchise 
granted  by  such  city.  The  public  authorities  of  every  county, 
city  or  village  or  every  municipal  or  public  corporation  to  whom 
application  may  be  made  by  any  company  for  consent  to  the  con- 
struction, maintenance  or  occupation  or  use  of  any  telephone  or 
telegraph  plant  along  or  through  any  highway  or  public  lands 
must  provide  as  a  condition  precedent  to  the  granting  of  such 
consent  that  the  franchise  or  privilege  shall  be  sold  at  public 
auction  to  the  responsible  bidder  who  shall  give  to  such  corpora- 
tion the  largest  percentage  yearly  of  the  gross  receipts  with  ade- 
quate security  for  the  payment  thereof,  and  for  the  prompt  con- 
struction and  completion  of  the  proposed  plant;  provided,  that 
such  payment  shall  in  no  case  be  less  than  2  per  cent,  of  the  gross 
earnings  during  the  first  five  years  of  such  occupation  and  use, 
and  thereafter  for  each  period  of  five  years  su3h  percentage  shall 
be  increased  to  correspond  with  the  increase  of  the  value  of  the 
line  thus  occupied  and  used. 

The  city  council  of  any  city,  town  or  village  having  a  population 
of  less  than  30,000  shall  have  power  to  erect  or  acquire  by  pur- 
chase or  otherwise  any  telephone  plant  or  exchange  or  any  other 
public  utility. 

V.    CRIMES  AND  PENALTIES. 

Wilful  destruction  of  telegraph  or  telephone  wires  is  punishable 
by  imprisonment  for  the  term  of  two  years  or  by  a  fine  not  ex- 
ceeding $500.  Any  person  connected  with  a  telegraph  line  who 
shall  wilfully  disclose  the  contents  or  nature  of  any  message  or 
who  shall  wilfully  neglect  or  refuse  to  deliver  the  same  or  who 
shall  knowingly  transmit  or  deliver  any  false  message  or  com- 
munication with  intention  to  injure  anyone  or  to  speculate  on  any 
article  of  merchandise,  or  with  intent  that  another  may  do  so,  is 
guilty  of  a  misdemeanor. 


Compilation  of  Statutes.  155 

vi.  limitations  of  trade  and  commerce. 

Any  corporation  which  shall  enter  into  or  create  or  become  a 
member  of  any  pool,  trnst,  agreement  or  combination  to  regnlate 
or  fix  the  price  of  any  manufactured  article,  merchandise,  or  com- 
modity, or  the  price  or  premium  to  be  paid  for  insuring  property 
against  loss  or  damage  by  fire,  lightning  or  storm  or  to  maintain 
such  price  when  so  regulated,  or  fixed,  or  shall  enter  into  or  be- 
come a  member  of  any  pool,  agreement  or  combination  to  fix  or 
limit  the  amount  or  quantity  of  any  article  of  manufacture,  mer- 
chandise, commodity,  or  any  article  or  thing  whatsoever,  or  the 
price  or  proniium  to  be  paid  for  insuring  property  against  loss  or 
damage  by  fire,  lightning  or  storm  shall  be  deemed  and  adjudged 
guilty  of  a  conspiracy  to  defraud  and  be  subject  to  the  penalties 
as  provided  in  this  article;  provided,  that  if  such  insurance  com- 
pany or  their  agents  or  the  board  of  fire  underwriters  doing  busi- 
ness in  any  city  of  this  State  shall  combine  in  any  city  of  this 
State  either  directly  or  indirectly,  or  agree  or  attempt  to  agree 
directly  or  indirectly  to  fix  or  regulate  the  price  or  premium  to  be 
paid  for  insuring  property  located  within  or  outside  of  such  city 
against  loss  or  damage  by  fire,  lightning,  or  either,  such  company 
so  violating  the  provisions  of  this  article,  by  its  agents  or  by  any 
such  board,  shall  be  taken  and  deemed  to  have  forfeited  its  right 
to  do  business  in  this  State,  and  shall  become  liable  to  all  the 
penalties  and  forfeitures  provided  by  the  provisions  of  this  article. 

Any  agreement  or  combination  designed  or  made  with  a  view  to 
lessen,  or  which  tends  to  lessen,  the  full  and  free  competition  in 
the  manufacture  and  sale  of  any  article,  product  or  commodity, 
shall  be  against  public  policy  and  unlawful  and  void  and  such 
person  or  corporation  becoming  a  party  to  such  agreement  shall 
be  deemed  and  adjudged  guilty  of  a  conspiracy  to  defraud. 

It  shall  not  be  lawful  for  any  corporation  to  issue  or  own  trust 
certificates  or  for  any  corporation  or  trust  directors  or  stock- 
holders to  enter  into  any  combination  or  agreement  with  any  other 
person  or  corporation  or  stockholder,  or  director  thereof,  the  pur- 
pose and  effect  of  which  combinati(m  or  agreement  shall  be  to 
place  the  management  or  control  of  such  combination  or  the 
products  thereof  in  tlie  liarids  of  any  persons  with  intent  to  limit 
or  fix  the  price  nr  lessen  ihe  i^roduction  and  sale  of  any  article  of 


156  Telegiiapii  xyj)  Tklkpiione  Companies. 

commerce  or  to  prevent,  restrict  or  diminish  the  manufacture  or 
output  on  any  such  article. 

xiny  company  violating  any  of  the  provisions  of  this  article 
shall  forfeit  not  more  than  $100  for  each  clay  that  it  shall  con- 
tinue so  to  do  and  any  contract  or  agreement  in  violation  hereof 
shall  be  void,  and  any  purchaser  of  any  article  or  commodity  or 
any  person  or  corporation  transacting  business  contrary  to  any  of 
the  preceding  sections  shall  not  be  liable  for  the  price  or  payment 
of  any  such  article  or  commodity  and  may  plead  this  law  as  a 
defense. 

Any  domestic  company  which  shall  violate  any  provisions  of  this 
act  shall  forfeit  its  rights  and  franchises,  and  any  foreign  corpora- 
tion thereby  forfeits  its  right  and  privilege  to  do  any  business  in 
the  State,  and  when  such  corporate  rights  and  franchise  have  been 
declared  forfeit  it  is  unlawful  for  any  such  corporation  to  trans- 
act any  business.  Each  corporation  shall  under  oath  annually 
declare  to  the  Secretary  of  State  as  to  whether  such  company  has 
all  or  any  part  of  its  business  or  interest  in  or  with  any  trust,  or 
combination. 

Any  person  injured  in  his  business  or  property  may  sue  there- 
for in  any  court  of  the  State  in  which  the  defendants  or  any  of 
them  reside,  and  shall  recover  three-fold  the  damage  by  him  sus- 
tained and  the  costs  of  the  suit,  including  a  reasonable  attorney's 
fee.  The  Attorney-General,  before  taking  action  for  cons];)iracy, 
may  present  an  application  requiring  the  persons  to  appear  before 
the  court  and  answer  relevant  questions  as  may  be  put  to  them 
concerning  any  alleged  illegal  contract  or  agreement  or  monopoly. 
Such  order  shall  be  granted  Avithout  notice  uidess  the  justice  to 
whom  such  application  is  made  shall  require  notice. 

VII.    LEGISLATURE. 

The  General  Assemblv  shall  meet  onco  onlv  in  everv  two  vears. 


Compilation   of  Statitks.  157 


MONTANA. 


I.    COXSTITUTIOX. 

Xo  charter  shall  be  granted  by  special  law  except  for  such 
municipal,  charitable,  educational,  penal  or  reformatory  corpora- 
tion as  may  be  under  the  control  of  the  State.  Private  proi)erty 
shall  not  be  taken  or  dauuiged  for  })ublic  use  without  just  com- 
pensation. Xo  foreign  corporation  shall  do  business  without  hav- 
ing one  or  more  known  places  of  business  in  the  State,  and  an 
authorized  agent  in  the  same  upon  whom  process  may  be  served. 
*!N^either  the  State  nor  any  nninicipality  shall  ever  give  or  loan  its 
credit  in  aid  of  nor  make  any  compensation,  nor  grant  any  sub- 
sidy to  any  association,  individual  or  corporation,  or  become  a 
subscriber  to  or  charter  holder  in  a  company  or  corporation  or  a 
joint  owner  with  any  person,  company  or  corporation. 

Any  person  or  corporation  shall  have  the  right  to  construct  or 
maintain  telegraph  or  telephone  lines  within  the  State  and  connect 
the  same  with  other  lines.  Xo  such  company  shall  consolidate 
with  or  hold  any  controlling  interest  in  the  stock  or  bonds  of  any 
other  telegraph  or  telephone  com])any  or  have  the  control  of  a 
competing  line  or  acquire  by  purchase  or  otherwise  another  com- 
peting line  of  telegraj)!!  oi-  tele])li(»ne. 

Any  domestic  telegrai)h  or  telephone  company  consolidating  with 
any  other  foreign  telegrajih  or  telephone  company  shall  not  thereby 
become  a  foreign  cor])oratioii.  Xo  coin])any  or  person  shall  form 
or  combine  what  is  known  as  a  trust  or  make  any  agreement  or 
contract  for  the  purpose  of  fixing  the  price  or  regulating  the  pro- 
duction of  any  article  of  commerce  or  of  the  product  of  the  soil 
for  consumption  by  the  ])eople, 

II.    CORPORATIONS. 

Three  or  more  persons  may  form  a  cor])oration  and  may  form 
such  corporation  for  the  use,  construction  and  maintenance  of  tele- 
graph or  telephone  lines.  The  articles  of  incorporation  in  case  of 
telegraph  or  telephone  C(Mn])anies  shall  in  addition  to  the  statements 
contained  a  further  statf;iiicnt  of  the  termini  of  such  lines,  and  the 
counties  through  which  tluy  shall  ])ass.     The  articles  of  incorpora- 


15S  TeLEGBAPH    A^-D    TeLEPIIOXE    CoMrAXIES. 

tioii  must  be  filed  with  the  county  clerk  and  a  certified  co]3y  with 
the  Secretary  of  State,  but  in  no  case  shall  the  term  of  the  cor- 
poration exceed  twenty  years. 

JSTo  corj)oration  shall  hold  property  in  any  county  without  filing 
in  such  county  clerk's  office  a  certified  copy  of  its  articles  of  incor- 
poration. Every  corporation  must  report  annually  the  amount  of 
its  capital,  the  proportion  thereof  actually  paid  in,  and  the  amount 
of  its  existing  debts,  w^hich  report  shall  be  filed  in  the  office  of  the 
clerk  of  the  county  where  its  j^rincijial  office  is  situate. 

Foreign  corporations  shall  before  doing  business  in  this  State 
file  in  the  office  of  the  Secretary  of  State  and  in  the  office  of  the 
county  clerk  of  the  county  wherein  it  intends  to  carry  on  business, 
a  duy  certified  copy  of  its  charter  or  articles  of  incorporation,  and 
a  statement  under  oath  showing  the  name  of  the  company  and  the 
location  of  its  principal  business  office,  the  amount  of  its  capital 
stock,  and  the  proportion  paid  in  in  money  or  otherwise,  its  assets, 
of  what  they  consist,  and  the  actual  cash  value  thereof,  its  liabili- 
ties and  if  any  is  secured,  how  and  upon  what  property ;  and  shall 
designate  a  person  upon  whom  service  of  process  shall  be  made. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Such  lines  are  authorized  to  be  constructed  along  the  public 
highways  and  roads  of  the  State,  but  the  fixtures  and  poles  shall 
be  constructed  so  as  not  to  incommode  or  endanger  the  public. 

Any  company  shall  have  the  right  to  construct  and  maintain 
lines  of  telegraph  or  telephone  within  the  State  and  connect  the 
same  with  other  lines  and  in  case  they  cannot  agree  as  to  the  com- 
pensation to  be  paid  for  the  privilege  of  such  connection  the 
acquiring  of  the  right  by  the  one  to  use  the  line  of  the  other  may 
be  had  and  the  damage  assessed  and  the  right  of  connection  granted 
as  provided  in  the  Code  of  Procedure. 

1^0  telegraph  or  telephone  company  shall  consolidate  with  or 
hold  a  controlling  interest  in  the  stocks  or  bonds  of  any  other  tele- 
graph or  telephone  company  owning  or  having  control  of  a  compet- 
ing line  or  acquire  by  purchase  or  otherwise  any  competing  line 
of  telegraph  or  telephone. 

Any  railroad  company  may  construct  and  operate  a  telegraph 
line  along  its  road. 

Any  carrier  of  messages  by  telegraph  or  telephone  must,  if  prac- 
ticable, transmit  every  message  upon  its  receipt,  and  every  person 


Compilation  of  Statutes.  159 

whose  message  is  refused  or  postponed  can  recover  from  the  car- 
rier his  actual  damage  and  $50  in  addition  thereto. 

A  justice  of  the  Suj^reme  Court  or  judge  of  the  District  Court 
may  by  endorsement  thereof,  authorize  the  service  of  a  warrant 
by  telegraph,  and  thereafter  telegraph  copy  of  such  warrant  may 
be  sent  and  served  as  if  the  original  warrant  was  held  by  the 
officer  serving  the  same. 

The  right  of  eminent  domain  may  be  exercised  in  behalf  of 
telegraph  and  telephone  lines,  but  before  property  can  be  taken 
it  must  appear  that  the  taking  is  necessary  to  such  use  and  the  use 
to  which  it  is  to  be  applied,  and  if  the  property  is  already  appro- 
priated that  the  j^ublic  use  to  which  it  is  to  be  applied  is  a  more 
necessary  public  use. 

IV.  TAXATION. 

Telegraph  and  telejihone  lines  and  franchises  must  be  listed  and 
assessed  in  the  county  in  Avhich  such  proi^erty  is  located  and  each 
such  company  must  pay  a  license  as  follows :  Each  telephone  com- 
pany 75  cents  per  year  for  each  instrument  in  use,  and  each  tele- 
graph company  a  license  of  $5  per  quarter  for  each  instrument  in 
use.  The  city  or  town  council  has  the  right  by  ordinance  to  regu- 
late and  prevent  the  use  of  obstructions  to  streets  and  highways, 
and  to  regulate  the  erection  of  poles  and  stringjing  of  wires  in  the 
streets  or  within  the  limits  of  any  city  or  town. 

'No  franchise  for  any  purpose  shall  be  granted  by  any  city  or 
town  to  any  person  or  corporation  without  first  submitting  the 
application  therefor  to  the  resident  freeholders  whose  names  shall 
appear  on  the  city  or  county  tax  roll  preceding  such  election. 

V.  CRIxMES  AND  PENALTIES. 

Every  person  wilfully  sending  a  false  or  forged  message  or  who 
delivers  any  such  message,  or  who  furnishes  or  conspires  to  fur- 
nish to  any  agent  to  be  sent  any  such  message  knowing  the  same 
to  be  forged  or  false,  is  punishable  by  imprisonment  not  exceeding 
five  years  or  by  a  fine  not  exceeding  $5,000,  or  both.  Any  person 
who  injures  or  destroys  any  telegraph  or  telephone  line  is  guilty 
of  a  misdemeanor.  Any  person  who  wilfully  discloses  the  contents 
of  a  telegraph  message  or  who  AvilfuUy  alters  the  purport  thereof, 
or  who  wilfully  opens  any  sealed  envelope  enclosing  a  telegraph 


160  Telegraph  A^'D  Telephone  Companies. 

message  addressed  to  another,  is  iJiinishable  by  a  fine  not  exceed- 
ing $5,000  or  imprisonment  not  exceeding  five  jears,  or  both. 
Any  agent  or  employee  of  a  telegraph  office  who  neglects  to  send 
a  telegraph  message  or  neglects  to  deliver  any  message  received, 
or  who  in  any  way  appropriates  any  information  derived  by  him 
from  any  private  message  passing  throngh  his  hands,  or  any  per- 
son, who  by  means  of  any  instrument  or  machine,  wilfully  reads 
or  attempts  to  read  or  learn  the  contents  of  any  message  while  the 
same  is  in  any  telegraph  office,  or  being  received  thereat,  or  sent 
therefrom,  is  punishable  by  imprisonment  not  exceeding  five  years 
or  by  a  fine  not  exceeding  $5,000,  or  both.  Any  person  who  appro- 
priates or  induces  any  telegraph  operator  to  disclose  any  message, 
or  who  wilfully  or  maliciously  cuts,  tears  down,  or  removes  or 
destroys  any  telegraph  or  telephone  wires  or  apparatus,  is  punish- 
able as  last  above  provided. 

VI.    LIMITATIONS  OF  TRADE  x\ND  COMMERCE. 

Every  person  or  corporation  who  directly  or  indirectly  forms 
what  is  known  as  a  trust  or  makes  any  contract  with  any  person  or 
corporation  through  its  stockholders  or  officers  for  the  purpose  of 
fixing  the  price  or  to  regulate  the  production  of  any  article  of 
commerce,  or  to  create  or  carry  out  any  restrictions  of  trade,  or  to 
increase  or  reduce  the  price  of  any  merchandise  or  commodity,  or 
to  fix  a  standard  or  figure  whereby  the  price  of  any  such  article 
will  be  in  any  way  controlled,  or  to  create  a  monopoly  in  the  manu- 
facture, sale  or  transportation  of  any  such  article,  or  enter  into 
an  obligation  by  which  they  shall  bind  others  or  themselves  not  to 
manufacture,  sell  or  transport  any  such  article  below  a  common 
standard,  or  by  which  they  agree  to  keep  such  article  at  a  fixed  or 
graded  figure,  or  by  which  they  set  the  price  of  such  article  so  as 
to  preclude  and  restrict  competition,  is  punishable  by  imprison- 
ment not  exceeding  five  years  or  by  a  fine  not  exceeding  $1,000, 
or  both,  and  every  corporation  violating  this  forfeits  to  the  State 
all  its  property  or  franchise,  and  in  case  of  a  conviction  the  cor- 
poration shall  be  prohibited  from  carrying  on  business  in  the 
State. 

A^II.    LEGISLATURE. 

The  Legislative  Assembly  shall  meet  each  alternate  year. 


COMPILATIOX    OF    STATUTES.  IGI 


MAINE. 


I.  CONSTITUTIOX. 

A  corporation  shall  be  formed  only  under  general  laws. 
Private  property  shall  not  be  taken  for  j)ublic  use  without  just 
compensation,  nor  unless  the  public  exigencies  require  it. 

II.  CORPORATIONS. 

Three  or  more  persons  may  organize  themselves  into  a  corpora- 
tion by  written  articles  of  agreement,  the  first  meeting  of  the 
signers  of  which  may  be  called  and  at  the  same  time  they  may 
organize  into  a  corporation  and  execute  a  certificate  setting  forth 
the  claims  and  purposes  of  the  corporation,  its  stock  and  owners, 
the  county  in  which  it  is  located  and  its  directors;  each  certificate 
shall  be  examined  by  the  Attorney-General  and  recorded  in  the 
office  of  the  register  of  deed  in  the  county  where  the  corporation 
is  located  and  a  copy  thereof  certified  shall  be  filed  in  the  office  of 
the  Secretary  of  State,  and  the  fees  paid  to  the  State  Treasurer. 
All  corporations  shall  have  a  clerk  who  is  a  resident  of  the  State, 
who  shall  keep  at  some  place  fixed  within  the  State  an  office  where 
shall  be  kept  a  record  showing  a  true  and  complete  list  of  all 
stockholders,  their  residences,  and  the  amount  of  stock  held  by 
each. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

The  certificate  of  incorporation  by  telegraph  or  telephone  com- 
panies shall  also  set  forth  the  general  route  of  line  proposed  to  be 
constructed,  and  the  points  to  be  connected  thereby. 

Such  corporations  may  purchase,  hold  and  convey  real  and  per- 
sonal property  as  may  be  necessary  for  the  purpose  for  which 
they  are  created. 

Telegraph  and  telephone  companies  may  pass  along  highways 
and  over  waters  on  their  route.  Before  laying  pipes  and  wures  for 
the  service  in  any  highways  and  streets,  a  permit  must  be  obtained 
from  the  municipal  authorities  in  which  the  road  or  street  is 
located  and  such  companies  may  compel  the  granting  of  such  per- 
Vol.   2  —  11 


162  Telegraph  and  Telephone  Companies. 

mission  subject  to  such  rules  and  regulations  as  the  location  and 
construction  as  such  municipal  officers  may  designate. 

Poles,  lines  and  other  fixtures  shall  be  so  constructed  as  not  to 
incommode  public  travel,  or  interfere  with  ornamental  or  shade 
trees.  Telegraph  or  telephone  companies  may  connect  its  line 
or  lines  with  those  of  other  like  corporations  and  sell  or  lease  its 
line  or  property,  in  whole  or  in  part,  to  any  other  like  corporation. 

Lands  necessary  for  the  construction  and  operation  of  its  lines 
may  be  taken  and  damage  therefor  estimated  and  determined  as 
in  the  case  of  railroads. 

Corporations  operating  a  telegraph  line  upon  application  of  any 
other  corporation  operating  a  telegraph  line  shall  allow  to  the 
corporation  first  making  such  application  connection  between  such 
lines  upon  the  same  rates  as  charged  for  the  same  distances  upon 
the  lines  of  the  corporations  so  connecting  and  with  the  same- 
charges  for  use  of  telephone  exchanges  as  established  for  the 
patrons  of  such  corporations.  The  owmers  of  telegraph  lines  are 
liable  for  errors  or  delays  in  sending  despatches,  and  such 
despatches  shall  be  sent  and  transmitted  in  the  order  in  which 
they  are  received,  under  penalty  of  $100 ;  any  agent  or  person 
who  falsifies  or  divulges  the  contents  of  a  private  despatch  shall 
be  punished  by  a  fine  not  exceeding  $100,  or  imprisonment  not 
more  than  three  months. 

Every  company  incorporated  for  the  transmission  of  intelli- 
gence by  electricity  shjill  not  construct  its  lines  along  highways 
or  public  places  without  a  permit  to  construct  the  same  obtained 
from  the  municipal  officers  or  county  commissioners,  and  before 
granting  such  permit  fourteen  days'  public  notice  shall  be  given  to 
the  owners  of  property  upon  the  highways  who  shall  have  full  op- 
portunity to  show  cause  why  such  permit  should  not  be  granted. 
After  the  erection  of  the  lines,  such  municipal  officers  may  direct 
any  alterations  in  the  original  permit.  Poles  and  wires  erected 
and  maintained  are  deemed  legal  structures  and  the  party  main- 
taining the  same  shall  be  liable  on  account  thereof  only  for  care- 
lessness or  negligence  in  the  erection  or  maintenance  of  the  same. 

The  owner  of  land  near  or  adjoining  a  highway  along  which 
lines  shall  be  constructed  or  altered,  if  the  owner's  property  is  in 
any  way   injuriously   affected,   whether   such  owner   is   also  the 


COMPILATIOX    OF    STATUTES.  1G3 

owner  of  the  fee  in  such  way  or  not,  mav  have  his  daraas-e 
appraised. 

Wires  may  be  cut  and  poles  removed  to  allow  the  removal  of 
buildings  or  the  repair  of  streets,  etc.,  where  notice  of  the  time 
and  place  and  where  such  will  be  done  shall  be  delivered  to  the 
company,  and  if  such  removal  is  not  made  by  the  company,  such 
person  giving  notice  may  make  the  removal  and  recover  the  cost 
thereof  in  an  action  of  debt.  Xo  enjoyment  by  any  company  for 
any  length  of  time  of  the  privilege  of  having  or  maintaining  poles, 
wires  or  apparatus  in  or  attached  to  any  building  or  land  of  other 
persons  shall  give  a  legal  right  to  the  continued  use  of  such  enjoy- 
ment or  raise  any  presumption  of  a  grant  thereof. 

Any  person  who  in  any  way  affixes  to  any  building  any  fix- 
ture, wire  or  other  apparatus  or  fixes  upon  the  property  of  any 
person  apparatus  without  the  consent  of  the  owner  or  agent  for 
the  owner,  shall  be  punished  by  a  fine  not  exceeding  $100. 

Such  company  may  construct  a  line  on  or  along  any  railroad  by 
the  written  permit  of  the  company  operating  such  railroad,  but  in 
the  event  that  an  agreement  cannot  be  made  as  to  the  construction 
of  the  line  either  party  may  apply  to  the  Railroad  Commissioners 
who  shall  after  notice  hear  and  determine  the  matter  and  make 
their  award  thereof. 

IV.    TAXATIOX. 

The  State  Board  of  Assessors,  as  formed,  may  summon  and 
examine  any  town  assessor  or  other  person  whose  testimony  they 
shall  deem  necessary  for  the  proper  discharge  of  their  duties. 

The  board  of  city  assessors  shall  constitute  the  said  board  of 
equalization. 

Each  telegraph  or  telephone  company  operating  in  part  or 
wholly  within  the  State  shall  annually  file  a  certificate  with  the 
Secretary  of  State  showing  the  amount  of  its  capital  stock,  the 
number  and  par  value  of  its  shares  and  a  complete  list  of  its 
stockholders  within  the  State,  with  their  places  of  residence  and 
the  number  of  shares  belonging  to  each.  Such  return  shall  also 
contain  a  statement  of  the  assessed  value  in  each  town  of  the 
real  estate  of  such  corporation  and  taxed  by  any  municipality, 
and  the  gross  receipts  from  business  done  wholly  within  the  State 
from  operating  such  business  during  the  preceding  year. 


164  Telegraph  and  Telephoxe  Companies. 

An  annual  excise  tax  shall  be  paid  for  the  privilege  of  conduct- 
ing such  business  within  the  State.  The  amount  of  annual  excise 
tax  shall  be  ascertained  upon  the  gross  receipts  from  business  done 
wholly  within  the  State,  and  in  no  case  shall  the  rate  exceed  4  per 
cent,  of  the  gross  receipts,  and  this  excise  tax  so  collected  shall  be 
in  lieu  of  all  taxes  upon  the  property  of  such  corporation  and  npon 
its  shares  of  capital  stock,  and  its  property  used  in  the  conduct  of 
its  business ;  provided  that  the  real  estate  shall  be  taxed  in  the 
municipality  in  which  the  same  is  situated,  but  the  amount  of  the 
tax  assessed  upon  such  real  estate,  if  owned  and  actually  used  by 
such  corporation  in  the  transaction  of  its  business,  shall  be  de- 
ducted by  the  Board  of  State  Assessors  from  the  tax  laid  here- 
under. The  assessment  of  taxes  of  such  real  estate  shall  be  legal 
whether  assessed  as  resident  or  non-resident  property. 

V.  CRIMES  AND  PEXALTIES. 

Wilful  or  malicious  injury  to  any  poles,  wires  or  other  ma- 
terials used  in  construction  and  operation  of  a  telegraph  or  tele- 
phone line  shall  be  punished  by  imprisonment  for  not  exceeding 
three  years  or  by  a  fine  not  exceeding  $500.  Wilfully  entering 
after  being  forbidden  is  trespass  and  punishable  by  a  fine  not 
exceeding  $20,  and  an  occupant  or  owner  of  such  place  may  arrest 
any  person  violating  the  preceding  section. 

Every  telegraph  or  telephone  company  having  in  their  employ 
more  than  ten  persons  shall  pay  fortnightly  each  and  every  em- 
ployee engaged  in  its  business. 

Violence  or  intimidation  in  furtherance  of  any  agreement  or 
combination  to  do  or  procure  to  be  done  any  act  in  contemplation 
or  furtherance  or  a  dispute  or  controversy  between  the  public 
service  corporation  and  its  workmen  is  punishable  by  a  fine  not 
exceeding  $300  or  imprisonment  not  exceeding  three  months. 

The  penalty  for  preventing  by  threats,  intimidation  or  force 
any  person  from  entering  or  leaving  employment  of  any  person  or 
corporation  is  punishable  by  imprisonment  for  not  more  than  two 
years  or  by  a  fine  not  exceeding  $500. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

It  is  unlawful  for  any  i)erson  or  firm  or  company  organized  for 
Ihe  purpose  of  manufacturing  or  producing  any  article  or  product 


Compilation  of  Statutes.  165 

which  enters  into  general  use  and  consumption  by  the  people  to 
form  or  organize  any  trust  or  to  enter  into  any  combination,  or  to 
delegate  to  any  one  or  more  boards  of  trustees  or  directors  power 
to  conduct  and  dii-oct  the  business  of  the  whole  number  of  firms, 
corporations  or  companies,  and  which  may  have  been  formed  or 
which  may  propose  to  form  a  trust,  combination  or  association 
contrary  to  public  policy,  or  inconsistent  with  the  provisions  of 
this  act. 

No  certificate  of  stock  or  other  evidence  of  interest  in  any  trust, 
combination  or  association  shall  have  legal  recognition  in  any 
court,  and  any  deed  of  real  estate  given  by  any  person,  firm  or 
corporation  for  the  purpose  of  becoming  interested  in  such  com- 
bination or  trust,  or  any  mortgage  given  by  the  latter  to  the  seller 
as  well  as  all  certificates  growing  out  of  such  transaction  shall  be 
void.  Any  firm,  incorporated  or  unincorporated  company  or  asso- 
ciation of  persons  or  stockholders,  who  shall  enter  into  or  become 
interested  in  any  such  trust,  combination  or  association  shall  be 
subject  to  fine  of  not  more  than  $10,000. 

VII.    LEGISLATURE. 

The  Le"-islature  shall  convene  biennially. 


166  Telegraph  a^'d  Telephone  Companies. 


NEBRASKA. 


I.  CONSTITUTION. 

'No  corporation  shall  be  created  by  special  laws  except  those  for 
charitable,  edncatioiial,  penal  or  reformatory  purposes. 

Any  and  all  claims  against  corporations,  the  exact  amount 
justly  due,  shall  be  first  ascertained  and  after  the  corporate  prop- 
erty shall  have  been  exhausted  the  original  subscribers  thereof 
shall  be  individually  liable  to  the  extent  of  their  unpaid  subscrip- 
tions, and  the  liability  for  the  unpaid  subscription  shall  follow 
the  stock. 

The  credit  of  the  State  shall  uever  be  given  or  loaned  in  aid  of 
any  individual,  association  or  corporation. 

The  Legislature  shall  pass  laws  to  correct  abuses  and  prevent 
unjust  discrimination  and  extortion  in  all  charges  of  telephone 
companies  in  the  State  and  enforce  such  laws  by  adequate  penal- 
ties to  the  extent,  if  necessary  for  that  purpose,  of  forfeiture  of 
their  property  and  franchises. 

The  property  of  no  person  shall  be  talvcn  or  damaged  for  pub- 
lic use  without  just  compensation  therefor.  Xo  municipal  sub- 
division of  the  State  shall  ever  become  a  subscriber  to,  or  owner 
of,  the  capital  stock  of  any  railroad  or  private  corporation. 

jSTo  telegraph  company  shall  consolidate  its  stock,  property, 
franchises  or  earnings  in  wdiole  or  in  part  with  any  other  telegraph 
company  owning  a  parallel  or  competing  line. 

The  Legislature  shall  not  pass  any  local  or  special  laws  granting 
to  any  corporation,  association  or  individual  any  special  or  ex- 
clusive privileges,  immunity  or  franchise  whatever. 

II.  CORPORATIONS. 

Any  number  of  persons  ma_y  be  associated  and  incorporated  for 
the  transaction  of  any  lawful  business,  and  previous  to  the  com- 
mencement thereof  it  must  adopt  articles  of  incorporation  and 
file  the  same  in  the  office  of  the  Secretary  of  the  State,  and  domes- 
tic corporations  must  also  file  such  articles  with  the  county  clerk 
in  the  county  where  their  headcpiarters  are  located. 


Compilation  of  Statutes.  167 

The  articles  of  incorporation  must  fix  the  highest  amount  of 
Indebtedness  or  liability  to  which  the  corporation  shall  at  any  one 
time  be  subject,  which  must  in  no  case  exceed  two-thirds  of  the 
t?apital  stock.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
domestic  corporation  or  any  foreign  corporation  doing  business 
in  the  State  to  give  or  to  contribute  money  or  property,  transpor- 
tation or  assistance  in  any  manner  or  form  to  any  political  party 
or  to  any  candidate  for  civil  office. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Every  company,  domestic  or  foreign,  whose  object  and  purpose 
is  the  transmission  and  distribution  of  dispatches  by  telegraph 
•shall  be  subject  to  regulation,  and  shall  file  in  the  office  of  the 
Secretary  of  State  a  statement  showing  the  name  of  the  associa- 
tion, amount  of  capital  invested,  character  of  its  business,  and 
with  the  regulations  and  by-laws  then  in  force ;  for  failure  so  to 
do  it  shall  forfeit  its  right  to  carry  on  business  and  shall  also  for- 
feit to  the  county  the  sum  of  $1,000  for  every  day  it  shall  con- 
tinue in  violation  of  this  provision. 

All  telegraph  companies  shall  transmit  and  forward  all  dis- 
patches directed  to  newspapers  or  private  individuals  or  public 
officers  with  impartiality  in  the  order  in  which  they  are  received, 
•and  use  due  diligence  in  their  delivery  without  discrimination  as 
to  any  person  or  party  to  whom  they  may  be  directed,  and  every 
employee  who  wilfully  delays  the  transmission  or  delivery  of  any 
dispatch  or  divulges  the  contents  thereof  shall  be  guilty  of  a 
misdemeanor. 

It  shall  be  unlawful  for  any  telegraph  company  to  demand 
^or  receive  from  any  individual  or  company  a  greater  sum  for 
the  transmission  and  delivery  of  any  telegram  or  message  over 
a.  given  distance  than  it  demands  or  receives  for  the  transmission 
and  delivery  of  any  telegram  or  message  containing  an  equal  num- 
ber of  words  for  a  greater  distance,  and  no  telegraph  company 
shall  demand  or  receive  from  any  publisher  of  a  newspaper  any 
■greater  sum  for  a  given  service  than  it  demands  or  collects  from 
the  publisher  of  any  other  newspaper  for  a  like  service,  provided 
dispatches  transmitted  during  the  night  may  be  sent  and  delivered 
^t  reduced  rates.     Any  refusal  to  receive  dispatches  from  any  per- 


168  Telegraph  and  Telephone  Companies. 

son,  company  or  other  telegraph  company  or  to  transmit  the  same 
with  fidelity  and  withont  nnreasonable  delay  is  a  misdemeanor,  and 
any  such  company  is  declared  to  be  liable  for  the  non-delivery  of 
dispatches  entrusted  to  its  care  and  for  all  mistakes  in  transmitting 
messages  and  for  all  damages  resulting  in  a  failure  to  perform  any 
other  duty  required  by  law,  and  any  such  telegraph  company  shall 
not  be  exempted  from  any  such  liability  by  reason  of  any  clause, 
condition  or  agreement  contained  in  its  printed  blanks. 

Any  telegraph  or  telephone  company  incorporated  or  doing  busi- 
ness in  the  State  is  granted  the  right  of  way  along  any  of  the 
public  roads  of  the  State  for  the  erection  of  poles  and  wires,  pro- 
vided that  the  poles  shall  be  set  at  least  six  feet  within  the  bound- 
ary line  of  the  roadways,  and  that  the  wires  shall  be  place(^  at  the 
height  of  not  less  than  twenty  feet  above  all  road  crossings. 

Any  injury  to,  destruction  of  or  interference  with  the  poles, 
wires  or  fixtures  of  a  telegraph  or  telephone  company  is  punish- 
able by  imprisonment  in  the  penitentiary  for  not  more  than  three 
years. 

The  Board  of  Transportation  of  the  State  shall  have  the  power 
to  regulate  the  prices  to  be  charged  by  any  company  or  person 
owning,  controlling  or  operating  any  line  of  telephone  and  tele- 
graph for  any  service  performed  by  such  company,  whether  the 
lines  of  such  companies  are  wholly  or  in  part  in  the  State. 

.The  powers  of  the  Board  of  Transportation  to  regulate  charges 
of  corporations  and  companies  herein  referred  to  apply  to  charges 
by  express  companies  for  transportation  from  one  point  to  another 
in  the  State  and  messages  sent  by  telegraph  and  telephone  from  one 
point  to  another  in  the  State,  and  any  railroad  company  shall  have 
the  right  and  power  to  transmit  over  its  right  of  way  currents  of 
electricity  for  the  purpose  of  operating  telegraph  and  telephone 
lines  and  for  the  purpose  of  supplying  power  for  the  use  of  said 
railroad  and  the  use  of  others. 

IV.    TAXATION. 

Each  telegraph  and  telephone  company  shall  furnish  to  the 
local  assessor  a  verified  statement  of  its  personal  property  and  of 
the  gross  receipts  of  its  business  in  such  local  assessing  district  for 
the  previous  current  year. 


COMPILATIOX    OF    STATUTES.  1G9 

Each  and  every  telegraph  and  telephone  company  shall  be  locally 
assessed  on  its  tangible  property  wherever  it  shall  have  any  such 
property  in  this  State  in  like  manner  as  other  personal  property 
is  assessed,  and  in  addition  thereto  on  the  amount  of  the  gross 
receipts  for  the  year  next  preceding  the  first  day  of  April  of  the 
current  year,  and  such  gross  receipts  to  be  taken 'and  considered 
in  their  total  as  an  item  of  property  and  be  so  listed  and  levied 
against  the  same  as  other  property,  which  gross  receipts  shall  rep- 
resent the  franchise  valuation,  which  shall  not  be  otherwise 
assessed,  and  all  taxes  assessed  against  any  of  said  companies  shall 
be  the  first  lien  on  all  the  personal  property  of  such  company  from 
the  first  day  of  October  of  the  year  in  which  it  is  levied. 

ISTo  franchise  shall  be  granted  nor  any  extension  of  a  franchise 
heretofore  granted  shall  be  lawful  unless  an  annuity  to  the  State 
be  provided  based  upon  either  a  fixed  reasonable  amount  per  year 
or  a  percentage  on  the  gross  earings  of  the  owners  of  the  franchise, 
nor  until  a  proposition  for  the  same  has  been  submitted  to  a  vote 
of  the  electors  of  the  city. 

A  city  electrician  shall  be  appointed,  who  shall  have  charge 
of  all  the  city  electric  light,  telephone  and  telegraph  lines  and 
plants  and  who  shall  have  power  to  enforce  rules  and  regulations 
of  the  city  in  connection  with  their  use  and  construction.  The 
mayor  and  council  shall  have  power  to  tax  for  revenue,  license  and 
regulate  telegraph  companies  and  venders  of  patents.  Such  tax 
may  include  both  a  tax  for  revenue  and  license. 

V.  CRIMES  AXD  PEXALTIES. 

i't  is  unlawful  for  any  telephone  company  to  furnish  any  officer 
of  any  municipality  a  telephone  free  of  charge  or  for  a  price  less 
than  charged  for  customers  for  similar  service,  and  it  is  unlawful 
for  such  customer  to  accept  such  service.  AVilful  injury  or 
destruction  of  any  telegra]ih  lines  or  appliances  used  in  the  trans- 
mission of  despatches  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  not  more  than  three  years. 

VI.  LIMITATIONS  OF  TRADE  AND  COM3IERCE. 

A  trust  is  a  combination  of  capital,  skill  or  acts  by  any  person 
■or  persons  to  fix  the  price  of  any  article  or  commodity  of  trade, 


170  Telegraph  and  Telephone  Companies. 

use  or  merchandise  with  the  intent  to  prevent  others  from  con- 
ducting or  carrying  on  the  same  business  or  selling  or  trafficking- 
in  the  same  article,  use  or  merchandise,  or  a  combination  of  cap- 
ital, skill  or  acts  by  two  or  more  persons  to  create  or  carry  out 
restrictions  in  trade ;  to  limit  or  reduce  the  production  or  increase 
or  reduce  the  price  of  merchandise  or  commodities;  to  prevent 
competition  in  insurance  of  any  kind,  or  in  the  manufacture, 
making,  construction,  transportation,  sale  or  purchase  of  mer- 
chandise, i^roducts  or  commodities,  to  fix  at  any  standard  or 
figure  whereby  its  price  to  the  public  shall  be  in  any  way  controlled 
or  established  upon  an  article  of  merchandise,  produce  or  manu- 
facture of  any  kind  intended  for  sale,  use  or  consumption  in  the 
State.  To  make  or  enter  into,  carry  on  or  carry  out  any  agreement 
by  which  they  shall  bind  or  have  heretofore  bound  themselvea 
not  to  sell,  dispose  of,  use  or  transport  any  article  of  merchandise 
or  commodity  or  article  of  trade,  product,  merchandise,  consump- 
tion or  commerce  below  a  common  standard,  figure,  card  or  list 
price  or  by  which  they  shall  agree  in  any  way  to  keep  the  price 
of  such  article  at  a  fixed  or  graduated  figure  or  at  which  they 
shall  in  any  way  establish  or  settle  the  price  of  any  article  of 
merchandise,  commodity  or  of  insurance  or  transportation  between 
them  or  between  themselves  and  others  or  with  the  intent  to  pre- 
clude or  the  tendency  of  which  is  to  prevent  .or  preclude  a  free 
and  unrestricted  competition  among  themselves  or  others,  or  the 
people  generally,  in  the  production,  sale,  traffic  or  transportation 
of  such  article  or  commodity  or  conducting  a  like  business  or  by 
which  they  shall  agree  to  pool,  combine  or  unite  any  interest  they 
may  have  in  connection  with  the  sale,  production  or  transporta- 
tion of  any  such  article  or  commodity  or  the  carrying  on  of  any 
such  business  that  its  price  may  in  any  way  be  affected  thereby. 
Such  acts  are  declared  to  be  a  conspiracy  against  trade  and  unlaw- 
ful, and  any  person  engaged  therein  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  punished  by  a  fine  of  not  exceeding 
$5,000,  and  any  corporation  who  violates  the  provisions  thereof 
shall  thereby  forfeit  its  charter  and  franchise,  and  its  corporate 
existence  shall  thereupon  cease  and  determine. 

Every  foreign  corporation  violating  any  of  these  provisions  is 
denied  the  right  and  prohibited  from  doing  any  business  within 
the  State.     In  prosecutions  under  this  act  it  shall  be  sufficient  to. 


Compilation  of  Statutes.  171 

prove  that  a  trust  or  combination  has,  as  defined  herein,  or  under 
the  common  law  exists,  and  that  the  defendant  belonged  to  it, 
shall  or  acted  for  or  in  connection  with  it;  and  any  contract  in 
violation  of  the  provisions  of  this  act  is  void  and  not  enforceable, 
and  any  jmrehaser  of  any  article  or  commodity  from  an}'  person 
or  company  transacting'  business  contrary  to  any  of  the  provisions 
herein  shall  not  be  liable  for  the  price  of  payment  of  snch  article. 

Xo  person  shall  be  exempt  from  appearing  and  testifying,  and 
the  production  of  books  and  papers  may  be  compelled,  and  no 
person  is  excused  for  the  reason  that  the  testimony  required  of 
him  may  tend  to  incriminate  him,  but  no  person  shall  be  prose- 
cuted or  subject  to  a  penalty  for  or  on  account- of  any  transaction, 
matter  or  thing  concerning  which  he  may  testify  in  any  prosecu- 
tions under  this  act.  Any  person  who  shall  monopolize  or  attempt 
so  to  do  or  to  combine  with  another  person  to  monopolize  any  part 
of  the  trade  or  commerce  within  this  State  shall  be  deemed  guilty 
of  a  misdemeanor  and  any  property'  owned  under  any  contract 
or  by  any  combination  or  pursuant  to  any  conspiracy  mentioned 
herein  shall  be  forfeited  to  the  State.  Every  corporation  shall  file 
annually  with  the  Attorney-General  of  the  State  a  verified  state- 
ment shoAving  the  amount  of  capital  and  its  market  value,  how 
much  of  the  same  has  been  paid,  and  in  what  manner,  the  names 
of  the  officers  and  directors,  the  amounts  of  dividends  paid,  and 
the  stock  owned  by  it  of  any  other  company,  specifying  the  num- 
ber and  value  and  the  amount  of  its  own  stock  held  by  other  cor- 
porations, and  the  value.  Every  person  or  company  who  shall 
enter  into  a  contract  or  who  shall  by  any  direction  or  authority 
to  do  an  act  for  the  purpose  of  drawing  out  of  business  any  other 
person  engaged  therein  or  who,  for  such  purpose,  shall,  in  the- 
course  of  such  business,  sell  any  article  or  product  at  less  than  its 
fair  market  value,  or  at  less  price  than  it  is  accustomed  to  demand 
or  receive  in  any  other  place  under  like  conditions,  or  who  shall 
sell  any  like  article  upon  a  condition  or  agreement  that  it  shall  not 
be  sold  again  by  the  purchaser  or  restrain  such  sale  by  the  pur- 
chaser is  guilty  of  a  misdemeanor. 

Xo  corporation  or  association  shall  engage  in  business  within 
this  State  a  majority  of  whose  stock  is  owned  or  controlled  or  held 
in  trust  for  any  manufacturing  or  other  corporation  which  in  the 
course  of  its  manufacturing  or  production  conducts  its  business 


172  Telegkapii  and  Telephone  Companies. 

in  a  manner  which  would  be  prohibited  by  this  act.  Any  person 
who  shall  be  injured  in  his  business  by  another  person  by  reason 
of  anything  forbidden  or  deemed  to  be  unlawful  by  this  act  may 
sue  therefor  in  any  court  of  record  in  the  State  and  shall  recover 
threefold  the  damages  by  him  sustained. 

VII.  LEGISLATURE. 

The  sessions  of  the  Legislature  shall  be  biennial. 

VIII.  INITIATIVE  AND  REFERENDUM. 

Initiative. 

The  right  to  propose  ordinances  for  the  government  of  any 
municipal  subdivision  of  the  State  is  vested  in  the  voters  thereof. 
The  proposal  shall  contain  the  full  scope  of  the  proposed  ordi- 
nance, and  shall  be  signed  by  at  least  15  per  cent,  of  the  voters  of 
the  city  making  the  same  and  ten  of  the  signers  shall  make  oath 
that  they  are  thus  duly  qualified  voters  residing  as  stated  after 
their  signatures,  and  such  proposal  shall  be  filed-  in  the  office 
of  the  city  clerk;  and  if  said  proposal  shall  request  that  any 
such  proposal  with  the  ordinance  be  submitted  at  a  special 
election,  the  clerk  of  the  city  shall  cause  the  same  to 
be  submitted  at  a  special  election;  otherwise  the  proposal 
shall  be  submitted  at  the  first  regular  election  held  after 
the  expiration  of  thirty  days  from  the  filing  of  such  pro- 
posal. If  the  mayor  and  city  council  be  convened  before  such 
proposed  ordinance  can  be  legally  submitted  to  a  direct  vote,  the 
city  clerk  shall  present  to  such  body  the  proposed  ordinance  and 
the  demand  for  the  submission,  and  such  proposed  ordinance  shall 
then  take  precedence  over  all  ordinances  introduced  by  members 
of  that  body,  and  if  the  proposed  ordinance  is  not  made  a  law  by 
the  mayor  and  city  council  within  thirty  days  from  the  filing  of 
the  same  with  such  clerk,  the  clerk  shall  submit  the  same  to  the 
voters,  and  if  such  proposed  ordinance  shall  be  altered  or  amended 
before  enacting  the  same,"  the  proposed  ordinance  shall  be  sub- 
mitted, together  with  the  ordinance  as  altered  or  amended,  to  a 
direct  vote. 

Refei'f'iidtim. 

Xo  ordinance,  except  as  hereinafter  provided,  shall  go  into  effect 
until  thirty  days  after  the  passage  of  the  same. 


Compilation  of  Statutes.  173 

The  voters  of  such  city  may  within  thirty  days  file  a  jDetition 
with  the  clerk  requiring  him  to  snbmit  snch  ordinance  to  a  vote 
of  the  voters  of  such  city  for  their  rejection  or  approval,  which 
petition  shall  be  signed  b}'  at  least  15  per  cent,  of  the  voters  of  the 
city,  and  if  20  per  cent,  of  the  voters  of  such  city  shall  so  request 
an  ordinance  shall  be  submitted  to  the  voters  at  a  special  elec- 
tion; otherwise  the  clerk  of  the  city  shall  cause  .the  same  to  be 
submitted  to  the  voters  of  such  city  at  the  first  regular  election 
held  after  the  expiration  of  fifteen  days  from  the  filing  of  such 
petition,  and  such  ordinance  submitted  to  the  voters  shall  not  go 
into  effect  unless  approved  by  a  majority  of  the  votes  cast  for 
and  against  the  same,  except  that  this  act  shall  not  apply  to  ordi- 
nances relating  to  the  immediate  preservation  of  public  business 
or  health  or  items  of  appropriation  of  money  for  current  expenses 
of  the  departments  of  the  city  which  do  not  exceed  the  correspond- 
ing appropriations  of  the  preceding  years  which  shall  have  passed 
the  city  council  by  unanimous  vote  and  the  approval  by  the  mavor. 
The  mayor  and  the  city  council,  may  at  any  time  by  resolution  pro- 
vide for  the  submission  to  a  direct  vote  of  any  measure  introduced 
in,  pending  before  or  enacted  by  it,  and  may  provide  that  the 
same  be  submitted  at  a  special  or  annual  election.  Whoever 
knowingly  or  wilfully  makes  and  files  an  affidavit,  oath  or  certifi- 
cate or  who  falsely  makes  or  wilfully  destroys  a  certificate  of 
proposal,  or  who  suppresses  a  certificate,  or  whoever  signs  any 
proposal  knowing  that  he  is  not  a  qualified  voter,  or  whoever 
applies  or  gives  or  pays  any  money  or  anything  of  value  to  any 
person,  directly  or  indirectly,  to  induce  him  to  sign  such  proposal 
or  petition,  shall  be  punished  by  a  fine  not  exceeding  $500  and 
imprisonment  for  a  term  not  exceeding  one  year  or  both.  The 
act  shall  not  become  operative  in  any  city  until  accepted  by  the 
voters  thereof,  and  provided  that  not  more  than  one  special  elec- 
tion shall  be  called  in  any  one  year  unless  the  petitioners  shall 
deposit  with  the  clerk  an  amount  equal  to  the  expense  of  such 
election,  which  amount  shall  be  forfeited  to  the  municipality  in 
case  said  petitioner  shall  fail  to  carry  the  proposition  which  they 
favor  at  such  election,  which  proposition  they  shall  plainly  state 
in  their  petition,  whether  it  be  a  positive  or  negative  proposition. 


174  TelegPvApii  axd  Telephoxe  Companies. 


NEVADA. 


I.  CONSTITUTION. 

The  Legislature  shall  not  pass  any  special  act  relating  to  cor- 
porate powers  except  for  municipal  purposes. 

No  county  or  other  municipal  corporation  shall  become  a  stock- 
holder in  any  corporation  or  association  or  loan  its  credit  in  aid 
thereof,  except  to  railroad  companies. 

No  private  property  shall  be  taken  for  public  use  without  just 
compensation  having  been  first  made  or  secured. 

Whenever  10  per  cent,  of  the  voters  shall  express  their  wish  that 
any  law  made  by  the  Legislature  be  submitted  to  a  vote  of  the 
people,  the  officers  charged  with  the  duty  of  proclaiming  elections 
shall  submit  such  question  of  the  opproval  or  disapproval  of  said 
law  at  the  next  ensuing  election,  wherein  a  State  or  congressional 
officer  is  to  be  voted  for  or  wherein  any  question  may  have  to  be 
voted  on  by  the  electors  of  the  entire  State,  and  whenever  the 
majority  of  the  entire  electors  shall  signify  approval  such 
law  or  resolution  shall  stand  as  the  law  of  the  State  and  shall 
not  be  overruled,  annulled  or  suspended  or  in  any  way  made 
inoperative,  except  by  a  direct  vote  of  the  people,  and  when 
such  majority  shall  signify  disapproval  the  law  or  resolution  so 
disapproved  shall  be  void  and  of  no  effect. 

II.  CORPORATIONS. 

Any  number  of  persons  not  less  than  three  may  associate  to. 
establish  a  corporation  except  to  carry  on  an  insurance  business 
or  that  of  a  surety  company  or  railroad  company  other  than  a 
street  railroad. 

The  articles  of  incorporation  shall  be  filed  in  the  office  of  the 
county  clerk  where  the  principal  busineess  office  is  to  be  located, 
and  a  certified  copy  shall  be  filed  in  the  office  of  the  Secretary  of 
State.  Any  two  or  more  companies  incorporated  under  the  laws 
of  the  State  for  the  purpose  of  carrying  on  any  kind  of  business 
may  consolidate  into  a  single  corporation,  which  may  be  either 
one  of  said  consolidated  companies  or  a  new  corporation  to  be 
formed  by  means  of  such  consolidation. 


Compilation  of  Statutes.  175 

Any  corporation  existing  nnder  the  laws  of  this  State  may  issue 
stock  for  labor  done  or  personal  property  or  real  estate  or  leases 
thereof,  and  in  the  absence  of  fraud  in  the  transaction,  the  judg- 
ment of  the  directors  as  to  the  valuation  of  such  labor,  property, 
real  estate  or  leases  shall  be  conclusiye.  Each  corporation  shall 
annually  file  with  the  Secretary  of  State  a  report  of  its  annual 
election.  The  Secretary  of  State  shall  biennially  compile  from 
the  records  of  his  office  and  publish  in  his  report  a  complete  list 
in  alphabetical  order  of  original  and  amended  certificates  of  arti- 
cles of  incorporation  or  of  extension,  or  renewal  filed  during  the 
preceding  year,  together  with  the  location  of  the  principal  office 
of  each  in  the  State  and  the  name  of  the  agent  in  charge  thereof, 
the  amount  of  the  authorized  capital  stock,  the  amount  with  which 
business  is  to  be  commenced,  the  date  of  the  filing  of  each  certifi- 
cate and  the  period  for  which  the  corporation  is  to  continue. 
When  by  the  laws  of  any  other  State,  any  other  or  greater  taxes, 
fines,  penalties,  license  fees,  other  obligations  or  requirements  are 
imposed  on  corporations  of  this  State  doing  business  in  such  State 
or  upon  their  agents  than  the  laws  of  this  State  imposes  upon 
their  corporations  or  agents  doing  business  in  this  State  so  long 
as  such  laws  continue  in  force  in  such  other  or  foreign  State  the 
same  taxes,  fines,  penalties,  license  fees,  obligations  and  require- 
ments of  whatever  kind  shall  be  imposed  upon  all  corporations  of 
such  other  State  doing  business  within  this  State,  and  upon  their 
agents  here,  provided  that  nothing  herein  shall  be  held  to  repeal 
any  duty,  condition  or  requirement  now  imposed  by  law  upon 
such  corporations  of  other  states  transacting  business  in  this  State. 

Foreign  Corporations. 

Every  foreigTi  corporation  shall  file  a  copy  of  its  certificate  of 
incorporation  in  the  office  of  the  recorder  in  each  county  in  the 
State  where  such  corporation  is  carrying  on  business  of  any  char- 
acter, to  which  said  certificate  shall  be  attached  a  certified  list  of 
such  officers  of  such  company,  which  list  shall  be  recorded  as  often 
as  such  change  of  such  officers  occur,  and  the  penalty  for  failure 
to  comply  with  this  shall  be  a  misdemeanor  punishable  by  a  fine 
of  not  more  than  $500  or  imprisonment  not  exceeding  six  months. 

Every  foreign  corporation  shall  appoint  and  keep  in  the  State 
an  agent  upon  whom  all  legal  process  vasij  be  served. 


176  Telegraph  and  Telephone  Companies. 

iii.  telegraph  and  telephone  companies. 

A  person  or  company  desiring  to  construct  and  maintain,  or  if 
already  constructed  may  maintain,  or  if  partially  constructed 
shall  execute  a  certificate  setting  forth  the  name  of  the  company  by 
whom  the  line  of  telegraph  is  to  be  operated,  the  point  or  places, 
stating  the  termini  of  the  line  within  the  State,  a  general  descrip- 
tion of  its  route,  which  certificate  shall  be  filed  in  the  office  of 
the  Secretary  of  State,  and  the  persons  or  company  named  in  the 
certificate  and  their  assigns  may  construct  the  line  for  public  or 
private  lines,  provided  the  highways  or  public  lands  are  not  ob- 
structed, and  may  operate  the  telegraph  line  between  the  termini, 
and  have  and  maintain  an  ofiice  in  any  city,  town  or  place  or  point 
along  such  line,  and  each  telegraph  company  shall  be  entitled  to 
demand,  receive  and  collect  for  dispatches  such  sum  as  the  officers 
of  the  company  may  deem  proper,  which  rates  of  charges  shall  be 
posted  at  each  ofiice,  and  any  person  or  company  who  shall  con- 
struct and  maintain  any  line  of  telegraph  and  shall  demand  and 
collect  any  higher  or  greater  rate  than  those  specified  and  posted 
shall  be  deemed  guilty  of  misdemeanor.  All  telegraph  lines  shall 
transmit  dispatches  in  the  order  in  which  they  are  received  under 
a  penalty  of  $100,  and  all  damages  sustained  thereby,  provided  a 
preference  may  be  given  to  official  dispatches  for  the  detection  and 
capture  of  criminals,  and  when  messages  of  public  business  may 
be  sent  by  the  State  unpaid  over  such  lines  free  of  charge. 

The  right  of  way  for  such  lines  and  so  much  land  as  may  be 
necessary  to  construct  and  maintain  the  same  may  be  taken  or 
appropriated,  making  comiDensation  therefor. 

The  owner  of  any  lines  shall  at  all  times  keep  the  same  in  good 
condition  and  repair  as  may  be  practicable,  and  upon  failure  so 
to  do  such  failure  shall  work  a  forfeiture  of  all  the  rights,  privi- 
leges and  franchises  belonging  to  such  owner. 

The  contents  of  any  message  shall  not  be  divulged  nor  shall  any 
message  be  altered  by  adding  thereto  or  omitting  therefrom  so 
as  to  change  the  meaning  thereof,  and  the  person  so  offending 
shall  be  guilty  of  a  misdemeanor,  as  shall  be  an  employee  who  shall 
knowingly  or  wilfully  send  false  or  forged  messages  or  shall  wil- 
fully deliver  or  cause  the  same  to  be  delivered,  and  if  agent  or 
employee  shall  in  any  way  use  or  appropriate  any  >  information 


Compilation  of  Statutes.  177 

derived  by  him  from  any  messages  passing  throngh  his  hands  or 
in  any  way  acquired  by  him  by  reason  of  his  trust  as  sneh  employe© 
or  shall  trade  or  speculate  upon  any  such  information  so  obtained, 
he  shall  be  guilty  of  misdemeanor. 

Wilful  or  unreasonable  refusal  or  neglect  to  send  a  message  or 
deliver  one  when  received  is  a  misdemeanor,  as  is  the  wilful  open- 
ing of  any  sealed  envelope  enclosing  a  blank  message  addressed  to 
any  other  person  with  the  purpose  of  learning  the  contents  thereof 
or  fraudulently  representing  a  person  and  thereby  procure  th© 
same  to  be  delivered  to  himself  or  any  person  unconnected  wdth 
any  telegraph  company  by  means  of  any  instrument  wilfully  and 
fraudulently  read  or  attempting  to  read  any  message  or  learn  the 
contents  while  the  same  is  in  transit. 

Wilfully  or  maliciously  breaking  or  cutting  down  any  pole 
or  tree  or  material  used  in  any  line  of  telegraph  or  wilfully  or 
maliciously  breaking  or  injuring  any  apparatus  or  attachments  or 
the  interruption  of  the  transmission  of  electric  current  through 
the  same  is  a  misdemeanor. 

Contracts  made  by  telegraph  shall  be  deemed  to  be  contracts 
in  writing,  and  all  communications  sent  by  telegraph  and  signed 
by  the  person  or  persons  sending  the  same  or  by  his  or  their  author- 
ity shall  be  held  and  deemed  to  be  communications  in  writing. 

Whenever  any  notice,  information  or  intelligence,  written  or 
otherwise,  is  required  to  be  given,  the  same  may  be  given  by  tele- 
graph, provided  that  the  dispatch  containing  the  same  be  deliv- 
ered to  the  person  entitled  thereto  or  to  his  agent,  and  notice  by 
telegraph  shall  be  deemed  actual  notice. 

Any  power  of  attorney  or  other  instrument  and  certified  so  as 
to  be  entitled  to  record  may  be,  Avith  its  certificate  and  its  proof 
or  acknowledgment,  sent  by  telegraph,  and  the  telegraphic  copy  or 
duplicate  thereof  shall  prima  facie  have  the  same  force  and  effect 
in  all  respects,  and  be  admitted  to  record  and  be  recorded  in  the 
same  manner  and  have  like  effect  as  the  original. 

Checks,  promissory  notes,  bills  of  exchange,  all  orders  or  agree- 
ments for  the  payment  or  delivery  of  money  may  be  made  or 
drawn  by  telegraph,  and  when  so  made  or  drawn  shall  have  the 
same  force  and  effect  to  charge  the  maker,  drawer,  endorser  and 
Vol.   2—12 


178  Telegraph  and  Telephone  Companies. 

acceptor  thereon,  and  shall  create  the  same  rights  and  equities  in 
favor  of  the  payee,  drawer,  endorser,  acceptor  or  holder  thereof, 
and  shall  be  entitled  to  the  same  days  of  grace  as  if  duly  made 
or  drawn  and  delivered  in  writing,  but  it  shall  not  be  lawful  for 
any  person  other  than  the  person  or  drawer  thereof  to  cause  any 
such  instrument  to  be  sent  by  telegraph  so  as  to  charge  any  person 
thereby. 

Any  instrument  in  writing  duly  certified  under  his  hand  and 
seal  by  a  notary,  commissioner  or  clerk  of  the  court  to  be  genuine 
within  the  personal  knowledge  of  such  officer  may,  together  with 
such  certificate,  be  sent  by  telegraph,  and  the  telegraphic  copy 
thereof  shall  prima  facie  only  have  the  same  force,  effect  and  valid- 
ity, in  every  respect  whatsover,  as  the  original  and  the  burden  of 
proof  shall  rest  with  the  party  denying  the  genuineness  or  due 
existence  of  the  original. 

The  original  message  shall  in  all  cases  be  retained  in  the  tele- 
graph office  from  which  the  same  is  sent. 

Warrants  and  orders  of  arrest  may  be  sent  by  telegraph,  with 
the  directions  for  the  service  thereof,  and  the  telegraphic  copy 
shall  be  entitled  to  full  faith  and  credit,  and  have  the  same  force 
and  effect  in  all  courts  and  places  as  the  original. 

Any  writ  or  order  in  any  civil  action  and  all  other  papers 
requiring  service  may  be  transmitted  by  telegraph  for  service  in 
any  place,  and  the  telegraphic  copy  thereof  may  be  served  or  exe- 
cuted by  the  person  or  officer  to  whom  it  is  sent  for  that  purpose 
and  returned  by  him,  if  any  return  be  requested,  in  the  same 
manner  and  with  the  same  force  in  all  respects  as  the  original 
might  be  if  sent  to  him.  The  original  with  a  writ  or  order  shall 
be  filed  in  the  court  from  which  it  was  issued  and  a  certified  copy 
thereof  shall  be  preserved  in  the  telegraph  office  in  which  it  was 
sent. 

Any  company  doing  business  in  the  State  may  file  in  the  office 
of  the  county  clerk  of  the  county  in  which  the  principal  office  of 
the  company  is  situate  a  copy  of  any  printed  blank,  envelope. 
picture  or  device  used  or  intended  to  be  used  by  the  company  with 
its  certificate  that  the  same  is  commonly  used  or  intended  to  be 
used  in  the  business  of  the  company  as  a  distinguishing  mark  or 
notice  of  such  business,  and  thereupon  such  blank  or  envelope  or 


Co.MPILATIOX    OF    STATUTES.  179 

blank  or  device  shall  become  the  property  of  such  company,  and 
it  shall  not  be  lawful  for  any  person,  imless  by  the  employment 
or  permission  of  such  company  to  publish  or  use  or  cause  to  be 
published  or  used  either  of  them  or  any  copy,  counterfeit,  simili- 
tude or  imitation  thereof  and  is  punishable  by  a  fine  not  exceed- 
ing $500  or  imprisonment  not  exceeding  six  months. 

All  dispatches  shall  be  sent  in  the  order  in  which  they  are 
received,  under  penalty  of  $100,  provided  that  communications  to 
and  from  public  officers  on  official  business  may  have  precedence 
over  all  other  communications. 

All  persons  or  corporations  owning  telephone  lines  now  in  opera- 
tion or  who  may  hereafter  construct  and  operate  such  lines  shall 
be  entitled  to  all  the  rights  and  privileges  and  be  subject  to  all 
privileges  specially  provided  for  the  railroad  or  the  telegraph 
companies,  in  so  far  as  the  same  shall  be  applicable  to  telephone 
companies. 

Any  person  who  wilfully  or  maliciously  damages  or  destroys 
any  telephone  line  or  in  any  way  interrupts  communication  there- 
over shall  be  liable  for  damages  in  a  criminal  prosecution  in  the 
same  manner  and  to  the  same  extent  as  if  the  same  were  a  tele- 
graph line. 

•IV.    TAXATION. 

The  county  assessors  of  the,  several  counties  shall  meet  annually 
at  the  office  of  the  Governor,  and  shall  at  such  meeting  establish 
a  valuation  throughout  the  State  of  all  telegraph  and  telephone 
lines,  provided  that  in  fixing  the  same  the  location  and  situation 
•of  such  property  shall  be  construed;  provided  further  that  nothing 
herein  shall  be  construed  as  to  impair  the  right  of  the  board  of 
equalization  of  any  county  to  equalize  taxes  on  all  property,  the 
valuation  of  which  has  not  been  fixed  at  the  annual  meeting  of 
the  county  assessors  above  provided  for,  but  the  county  board  of 
equalization  shall  not  have  the  power  to  equalize  any  property 
upon  which  a  valuation  has  been  placed  by  the  board  of  county 
assessors. 

The  county  commissioners  of  any  county,  upon  petition  of  two- 
thirds  of  the  taxpayers  of  the  county  request  them  so  to  do, 
may  purchase  or  construct  a  telephone  line  or  lines  within  the 


180  Telegraph  axd  Telephone  Companies. 

county  if  in  their  judgment  it  would  be  to  the  interest  of  the  county 
so  to  do,  and  to  pay  for  the  same  out  of  the  general  fund  of  the 
county,  and  the  title  to  such  line  constructed  or  acquired  shall  be 
vested  in  the  county  and  under  its  control  and  management. 

The  board  of  county  commissioners  in  their  respective  counties 
shall  have  power  to  fix  and  collect  a  license  tax  upon  and  regulate 
all  places  of  business  and  of  telegraph  companies  and  telephone 
companies,  having  due  regard  to  the  amount  of  business  done 
thereby,  and  to  fix  and  collect  a  license  tax  upon  all  professions, 
trades  or  business  within  the  town  or  city  not  heretofore  specified. 

V.  CRIMES  AND   PENALITIES. 

It  is  unlawful  for  any  agreement  to  be  entered  into  not  to 
become  a  member  of  a  labor  organization. 

Employers  must  not  discount  any  time  checks  for  labor  or 
services  or  deduct  .therefrom  any  portion  of  the  same  due  therein 
as  such  discount. 

Black  listing  or  publishing  any  employee  discharged  by  a  com- 
pany with  the  intent  of  preventing  such  employee  from  engaging 
in  or  procuring  similar  such  employment  is  prohibited. 

VI.  IiI3IITATIONS  OF  TRADE  AND  COMMERCE. 

J^o  statutes. 

VII.  LEGISLATURE. 

The  sessions  of  the  Legislature  shall  be  biennial. 


Compilation  of  Statites.  181 


NEV/   IvIEXIGO. 


II.    CORPORATIONS. 

Any  throe  or  more  persons  may  form  a  corporation,  and  shall 
■acknowledge  and  file  in  the  office  of  the  Secretary  of  the  Territory 
a  written  statement  setting  forth  its  name,  objects,  natnre,  capital 
stock,  term  of  existence,  not  to  exceed  fifty  years,  the  num- 
ber of  shares  of  stock  and  the  number  and  names  and  residences 
of  directors,  and  the  location  of  its  principal  business.  A  copy 
of  the  certificate  certified  by  the  Secretary  of  the  Territory  shall 
be  filed  in  the  office  of  the  probate  clerk  of  the  comity  where  the 
principal  place  of  business  is  located. 

The  directors  of  a  corporation  shall  not  be  less  than  three,  who 
shall  be  stockholders  and  a  majority  citizens  of  the  United  States 
and  one-third  of  whom  shall  be  residents  of  Xew  Mexico. 

The  total  amount  of  debts  of  the  company  shall  not  at  any  time 
exceed  the  amount  of  its  capital  stock,  and  in  case  of  excess,  the 
directors  under  wdiose  administration  the  same  may  have  been 
exceeded,  except  those  Avho  may  have  caused  their  dissent  to  be 
entered  on  the  minutes  of  the  board  of  directors  at  the  time,  and 
except  those  not  present  when  the  same  happened,  shall  individu- 
ally Ije  liable  jointly  and  severally  to  the  company,  and  in  the  ca?-^ 
of  its  dissolution  to  any  of  its  creditors  for  the  full  amount  of  such 
excess. 

Whenever  any  persons  shall  have  formed  themselves  into  a  cor- 
poration according  to  the  provisions  of  this  act  it  shall  not  be  law- 
ful for  any  other  persons  to  become  incorporated  under  the  same 
name  or  designation  nor  for  the  same  immediate  purpose. 

Any  corporation  incorporated  under  the  general  laws  of  any 
other  contiguous  State  or  Territory  for  the  purpose  of  constructing 
telegraph  lines  desiring  to  extend  the  coiistruction  of  such  line 
into  this  Territory  shall  be  required  to  register  in  the  ofiice  of  the 
Secretary  of  the  Territory,  and  in  the  office  of  the  ju-obate  clerk 
of  the  county  in  which  their  principal  business  office  may  be  estab- 
lished, the  original  or  a  certified  copy  of  its  articles  of  incorpora- 
tion. 


182  Telegraph  and  Telephone  Companies. 

Every  company,  foreign  or  domestic,  shall  file  with  the  recorder 
of  deeds  of  the  county  in  which  its  principal  place  of  business  in 
the  Territory  is  located,  a  copy  of  the  articles  of  incorporation  and 
every  amendment  thereto,  and  likewise  every  certificate  designat- 
ing an  agent  and  place  of  business  in  the  Territory,  and  the  cer- 
tificate from  the  office  of  the  Secretary  of  the  Territory. 

Every  foreign  corporation  shall  file  with  the  office  of  the  Secre- 
tary of  the  Territory  a  copy  of  its  charter,  together  with  the  law 
under  which  it  is  incorporated,  and  shall  designate  the  principal 
place  of  business,  and  an  authorized  agent  residing  thereat  upon 
whom  process  may  be  served,  and  a  copy  of  such  certificate  and 
the  charter  shall  be  filed  in  the  office  of  the  recorder  of  deeds  in 
the  county  in  which  the  principal  place  of  business  of  such  cor- 
poration may  be. 

The  city  council  and  boards  of  trustees  in  towns  shall  have 
power  to  regulate  and  prevent  the  use  of  streets  and  public 
grounds  for  telegraph  poles. 

All  town  and  villages  shall  have  power  to  grant  all  franchises 
and  privileges  for  street  car  lines,  lighting  purposes  and  other 
public  conveniences  and  comforts,  for  the  furnishing  of  which  such 
franchises  and  privileges  are  necessary,  and  shall  have  power  by 
ordinances  to  lay  and  levy  taxes  upon  all  or  a  part  of  the  property 
within  the  limits  of  the  municipality. 

VI.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Every  contract  or  combinatioli  between  individuals  or  companies 
having  for  its  object,  or  which  shall  operate  to  restrict  trade  or 
commerce,  or  control  the  quantity,  price  or  exchange  of  any  article 
of  manufacture  or  product  of  the  soil  or  mine,  is  hereby  declared 
to  be  illegal,  and  every  person,  whether  as  individual  or  agent, 
officer  or  stockholder  of  any  company,  who  shall  make  any  such 
contract  or  engage  in  any  such  combination,  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  a  fine  not  exceeding 
$1,000  and  imprisonment  not  exceeding  one  year. 

Every  person  who  shall  monopolize  or  attempt  to  monopolize  or- 
combine  or  conspire  with  any  other  ]:)erson  or  persons  to  mono|)o- 
lize  any  part  of  the  trade  or  connnerce  of  the  Territory  shall  be- 
guilty  of  a  misdemeanor  and  punishable  in  like  manner. 


CoMpiLATio:^  or  Statutes.  183 

All  contracts  and  agreements  in  violation  of  these  sections  shall 
be  void,  and  any  purchaser  of  any  eonnnodity  from  any  individual, 
corporation  or  association  transacting  business  in  violation  of  this 
act  shall  not  be  liable  for  the  payment  for  such  commodity. 

VII.    LEGISLATURE. 

The  Territorial  Legislature  shall  meet  everv  two  vears. 


184  Telegraph  axd  Telephone  Companies. 


NORTH   CAROLINA. 


I.  CONSTITUTION. 

Corporations  shall  not  be  created  by  special  act,  except  for 
municipal  purposes. 

The  General  Assembly  may  tax  trades,  jDrofessions,  franchises 
and  incomes,  provided  that  no  income  shall  be  taxed  where  the 
property  from  which  the  income  is  derived  is  taxed. 

II.  CORPORATIONS. 

The  charter  of  every  corporation  shall  be  subject  to  alteration, 
modification,  amendment  or  repeal  in  the  discretion  of  the  Legis- 
lature, and  the  Legislature  may  at  their  pleasure  dissolve  any 
corporation. 

Any  number  of  persons  not  less  than  three  may  form  a  corpora- 
tion, and  such  persons  shall  execute  a  certificate  of  incorporation 
stating  its  name,  location  of  its  office  and  the  object  for  which  it 
is  formed,  the  amount  of  stock,  how  the  same  is  divided  and  the 
capital  with  which  it  shall  commence  business,  and  the  names  and 
address  of  the  stock  subscribers,  the  aggregate  of  such  subscrip- 
tions shall  be  the  amount  of  capital  stock  with  which  the  company 
will  commence  business,  and  its  duration.  This  certificate  shall 
be  filed  in  the  office  of  the  Secretary  of  State,  and  there  recorded, 
and  a  certified  copy  shall  be  recorded  in  the  office  of  the  clerk  of 
the  Superior  Court  of  the  county  where  the  principal  oifiee  of  the 
company  shall  be  established. 

A  director  must  be  a  stockholder.  Every  corporation,  author- 
ized to  transact  business  in  the  State,  shall  file  an  annual  state- 
ment with  the  Secretary  of  State,  showing  its  capital  stock,  the 
amount  issued,  the  names  of  the  directors,  its  principal  office,  the 
name  of  the  agent  in  charge  thereof,  upon  whom  process  may  be 
served. 

^Nothing  but  money  shall  be  considered  as  payment  of  any  part 
of  the  capital  stock  of  any  corporation,  except  in  the  case  of  pur- 
chase of  property  or  labor  performed,  and  no  loan  of  money  shall 
be  made  to  a  stockholder  or  officer  thereof. 


CoAii'iLATioA'   OF  Statutes.  185 

Any  corporation  may  purchase,  hold  or  dispose  of  the  shares  of 
the  capital  stock  or  bonds  or  evidences  of  indebtedness  created  by 
any  other  company  of  this  or  any  other  State,  and  while  owner  of 
such  stock  may  exercise  all  the  rights,  powers  and  privileges  of 
ownership,  including  the  right  to  vote  thereon. 

Stockholders'  meetings  shall  be  held  at  the  princiiDal  office  of 
the  company  within  the  State.  Directors'  meetings  may  be  held 
outside  the  State.  Every  corporation  shall  nuiintain  a  principal 
office  in  the  State  and  have  an  agent  in  charge  over  the  transfer 
of  stock. 

Shares  of  stock  of  a  corporation  belonging  to  said  corporation, 
shall  not  be  voted  upon  directly  or  indirectly. 

No  corporation  shall  declare  and  pay  dividends  except  from  the 
surplus  or  net  profits  arising  from  its  business,  nor  when  its  debts, 
whether  due  or  not,  shall  exceed  two-thirds  of  its  assets. 

Foreign  corporations  may  acquire  and  hold  and  convey  real 
estate  for  the  purpose  of  prosecuting  its  business. 

Every  foreign  corporation,  before  being  permitted  to  do  busi- 
ness in  the  State  shall  file  in  the  office  of  the  Secretary  of  State  a 
copy  of  its  articles  of  incorporation  and  a  statement  of  the  amount 
of  its  capital  stock  authorized  and  issued,  its  principal  office  in 
the  State,  and  the  name  of  the  agent  in  charge  thereof,  the  char- 
acter of  its  business  and  the  names  and  addresses  of  its  officers 
and  directors. 

A  court  of  record,  known  as  a  Corporation  Commission,  is 
created,  which  shall  have  all  the  powers  and  the  jurisdiction  of  a 
court  of  general  jurisdiction  as  to  all  subjects  embraced  in  this 
act;  no  commissioner  or  official  of  the  court  shall  directly  or  indi- 
rectly hold  any  stock  or  bonds  or  have  any  interest  in  any  steam- 
boat, railroad,  canal,  navigation,  express,  telegraph,  telephone, 
bank,  or  building  and  loan  eomjxiny  or  association.  This  Com- 
mission shall  have  general  control  and  supervision  of  all  telegraph 
and  telephone  companies  necessary  to  carry  into  effect  the  pro- 
visions of  this  act  and  the  laws  regulating  such  companies,  and 
the  commissioners  shall,  from  time  to  time,  visit  the  places  of 
business  and  investigate  the  books  and  papers  of  all  corporations 
engaged  in  the  transmission  of  messages,  either  by  telegraph  or 
telephone.     Controversies  between  corporations  may  be  submitted 


186  Telegraph  and  Telephone  Companies. 

to  the  Commission  as  arbiters.  From  all  decisions  made  by  the 
Commission  any  party  affected  thereby  shall  be  entitled  to  an 
appeal  which  shall  be  heard  in  the  Superior  Court,  and  thereafter 
either  party  may  appeal  to  the  Supreme  Court  of  the  State.  Every 
officer  or  employee  of  any  telegraph  company  who  wilfully  neglects 
or  refuses  to  make  and  furnish  any  report  required  by  the  Com- 
mission, or  who  shall  obstruct  or  delay  the  Commission  in  the  dis- 
charge of  its  duties,  shall  forfeit  $500  for  each  offense.  A  delay 
of  ten  days  to  make  and  furnish  such  report  shall  raise  the  pre- 
sumption that  the  same  was  wilful. 

The  Commission  shall  have  power  and  are  directed  to  make  just 
and  reasonable  rates  of  charges  for  the  transmission  of  messages 
by  telegraph  or  telephone  and  for  the  rentals  of  telephones. 

In  fixing  any  maximum  rate  of  charge  or  tariff,  the  Commission 
shall  take  into  consideration,  have  proved  or  may  require  proof  of 
the  value  of  the  property  of  such  carrier  used  for  the  public  in 
the  consideration  of  such  rate  or  charge,  or  the  fair  value  of  the 
service  rendered,  and  determining  the  value  of  the  property  so 
being  used  for  the  public  convenience,  and  shall  consider  the  orig- 
inal cost  of  the  construction  the  amount  expended  in  permanent 
improvement,  the  present  compared  with  the  original  cost  of  con- 
struction of  all  the  property  within  the  State,  the  probable  earning 
capacity  of  the  property  under  the  particular  rates  proposed,  and 
the  sum  required  to  meet  the  operating  expenses  of  such  carrier 
and  all  other  facts  that  will  enable  them  to  determine  what  are 
reasonable  and  just  rates,  charges  and  taxes. 

Commission  shall  from  time  to  time,  as  often  as  the  circum- 
stances may  require,  change  and  revise  any  schedules  of  rates 
fixed  by  the  Commission  or  allowed  to  be  charged  by  any  telegraph 
or  telephone  company. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Any  company  possessing  the  power  to  establish  telephone  and 
telegraph  lines  shall  have  the  power  to  establish,  maintain  and 
operate  such  lines  along  any  railroad  or  public  highway,  but  such 
lines  shall  not  be  so  constructed  as  to  obstruct  the  usual  travel  of 
such  railroad  or  highway  and  such  company  shall  have  power  to 
acquire  easement  in  rights  of  way,  and  they  may  exercise  the 


CO.MI'ILATIOX     OF     StATLTKS.  187 

right  of  ciuiiicnt  (loniaiii  and  proceed  to  have  the  property  desired 
for  their  right  of  way  coiideiiiiied  for  their  use. 

]S'o  telegraph  or  telephone  company  shall  demand,  collect  or 
receive  for  any  service  rendered  or  to  be  rendered  in  the  transmis- 
sion of  messages,  more  than  the  rates  appearing  in  the  printed 
tarilf  of  each  company  in  force  at  the  time  such  service  was  ren- 
dered or  more  than  is  allowed  by  law.  Upon  application  by  the 
person  aggrieved,  overcharges  of  tariil'  rates  shall,  npon  written 
demand,  be  refunded,  and  failure  to  refund  the  overcharge  shall 
cause  the  company  so  failing  to  do,  to  forfeit  to  the  party  ag- 
grieved $25  for  the  first  day  and  $5  per  day  for  each  day's  delay 
thereafter,  until  the  overchai-ge  is  paid ;  provided,  the  total  for- 
feiture shall  not  exceed  $100. 

IV.    TAXATION. 

The  Board  of  State  Tax  Commissioners  is  formed. 

A  license  tax  shall  be  paid  for  the  privilege  of  carrying  on  busi- 
ness and  each  telegraph  company  shall  pay  for  that  privilege  S^/o 
per  cent,  of  the  gross  earnings  of  said  company,  which  shall  be  an 
annual  tax,  payable  in  quarterly  installments,  and  each  company 
shall,  under  oath,  certify  to  the  Treasurer  of  the  State,  quarterly, 
the  amount  of  its  gross  receipts  and  pay  the  tax  imposed ;  provided, 
that  no  county,  city  or  town  shall  be  allowed  to  impose  an  addi- 
tional tax,  license  or  fee  to  that  provided  in  this  section,  except  the 
ad  valorem  tax.  All  telephone  companies  shall  pay  an  annual  tax 
of  2t/o  per  cent  of  its  gross  receipts,  reckoning  the  proportion  of 
interstate  business  done  within  the  State;  provided,  that  if  the 
company  shall  file  a  statement  showing  one-fourth  of  its  assets  are 
invested  and  maintained  in  bonds  of  the  State  or  county,  city  or 
town,  or  any  property  situate  in  this  State  and  taxable  therein, 
then  the  tax  shall  be  1^4  per  cent.,  and  if  the  amount  so  invested 
shall  be  one-half  of  its  assets  the  tax  shall  be  1  per  cent.,  and  if 
the  amount  so  invested  shall  be  three-fourths  of  its  total  assets, 
the  tax  shall  be  one-half  of  one  per  cent.  The  duty  is  placed  upon 
the  assessors  of  each  county  to  make  diligent  inquiry  as  to  whether 
or  not  all  license  taxes  shall  have  l)een  paid. 

Every  telegraph  company,  foreign  or  d(»mestic,  shall  annually 
deliver  to  the  Board  of  Corporation  Commissioners  a  statement 
showing  its  total  capital  stock,  number  of  shares  issued  and  out- 


188  Telegraph  A^'D  Telepiioxe  Companies. 

standing  and  the  par  value  of  each,  its  principal  place  of  business, 
the  market  value  of  the  shares  and  if  they  have  no  market  value 
then  the  actual  valuation,  the  real  estate,  structures  and  fixtures 
owned  by  the  company  and  subject  to  local  taxation  within  the 
State,  and  the  location  and  assessed  valuation  thereof  in  each 
county,  the  specific  real  estate  with  permanent  improvements 
owned  by  the  company  situate  outside  the  State  and  not  directly 
used  in  the  conduct  of  its  business,  the  purposes  for  which  used, 
and  the  sum  at  which  the  same  is  assessed  in  the  olcality  where 
situate,  all  mortgages  upon  the  whole  or  any  part  of  its  property, 
the  total  length  of  its  lines  outside  the  State  and  inside  the  State, 
and  the  length  of  lines  within  each  county  and  township  in  the 
State. 

Every,  telephone  company  shall  deliver  to  the  Corporation  Com- 
mission a  statement  annually,  showing  its  capital  stock  invested  in 
the  operation  of  the  telephone  business,  the  number  of  shares  and 
the  par  and  face  value  thereof,  its  principal  place  of  business,  the 
market  value  of  the  shares  and  if  they  have  no  market  value  then 
the  actual  value  thereof,  and  the  real  estate  structures  and  fixtures 
owned  by  the  company  for  the  local  taxation  within  the  State,  and 
the  location,  assessed  valuation  of  the  same  in  each  county  where 
the  same  is  assessed  for  local  taxation,  and  the  specific  real  estate- 
owned  by  the  company  outside  the  State  and  not  used  directly  for 
the  conduct  of  its  business,  with  the  description  of  each  business, 
the  purpose  for  which  it  is  used,  and  the  sum  at  which  the  same  is 
assessed  for  taxation  in  the  locality  where  situated,  and  all  mort- 
gages on  the  whole  or  any  part  of  the  property,  and  the  total  length 
of  lines  without  the  State.-  the  total  length  in  the  State,  and  the 
location  of  the  lines  in  the  counties  and  townships  within  the 
State. 

The  Corporation  Commission  shall  ascertain  the  true  cash  value 
of  the  property,  taking  the  aggregate  value  of  all  the  shares  of 
stock,  and  if  there  be  mortgages,  the  amount  of  the  mortgages 
shall  be  added  to  the  market  value  of  the  aggregate  shares  of  stock 
or  to  the  value  of  its  ca]ntal  and  the  result  shall  be  deemed  as  the 
true  cash  value,  and  shall  deduct  therefrom  the  assessed  value  for 
taxing  in  the  locality  where  it  is  situate  of  the  other  pieces  of  real 
estate  within  the  State  and  not  specifically  used  in  the  business  of 


COMPILATIOX    OF    STATrTF:S.  189 

the  company.  And  snch  Commissioners  shall  next  ascertain  the 
true  cash  value  of  the  proi)erty  within  the  State,  being  guided  by 
the  proportion  of  the  whole  aggregate  value  after  deducting  the 
assessed  value  of  such  real  estate  without  the  State  which  the  lines 
of  the  companies  within  the  State  bears  to  the  total  length  thereof, 
and  such  amount  so  ascertained  shall  be  deemed  as  the  entire  value 
of  the  property  of  such  companies.  The  Corporation  Commission 
shall  also  assess  the  value  for  taxation  of  all  real  estate,  structures, 
machinery  and  appliances  of  telegraph  and  telephone  companies 
within  the  State  subject  to  local  taxation,  which  assessment  shall 
be  certified  by  the  Commission  to  the  localities  in  which  such 
property  is  situate. 

From  the  entire  value  shall  be  deducted  by  the  Commis- 
sioners, the  assessed  value  for  taxation  of  all  real  estate  and 
appliances  within  the  State  subject  to  local  taxation  in  the  counties 
and  the  residue  of  such  value  after  deducting  the  assessed  value 
of  such  local  properties  shall  be  by  such  board  assessed  to  the 
said  companies  and  the  Corporation  Commission  shall  thereupon 
ascertain  the  value,  number  of  miles  of  the  property  within  the 
State  by  dividing  the  total  value  by  the  number  of  miles  within 
the  State,  and  the  result  shall  be  deemed  and  held  as  the  value  per 
mile  of  the  property  of  such  company.  And  such  Commission 
shall  then  multiply  the  value  per  mile  by  the  number  of  miles  in 
each  county,  and  the  result  shall  be,  by  the  clerk  of  the  board, 
certified  to  the  respective  counties,  through,  into  or  over  or  across 
which  the  lines  of  such  company  extend. 

All  taxes  due  to  the  State,  except  the  tax  for  school  purposes, 
shall  be  paid  to  the  State  Treasurer,  and  in  the  event  of  failure 
or  refusal  to  pay  any  taxes,  same  may  be  enforced  in  the  name  of 
the  State  and  judgment  shall  include  a  penalty  of  50  per  cent, 
of  the  amount  of  taxes  assessed  and  unpaid,  together  with  a  reason- 
able attorney's  fee. 

Cities  and  towns  are  body  politic  and  corporate,  and  have 
powders  to  grant,  upon  reasonable  terms,  franchises  and  public 
utilities,  and  the  boards  of  commissioners  thereof  have  the  power 
to  make  ordinances,  rules  and  regulations  for  the  government 
thereof.  And  the  board  of  commissioners  may  levy  and  collect  for 
mimicipal  purposes  a  tax  upon  all  persons  and  property  within 


190  Telegraph  and  Telephone  Companies. 

the  corporation  liable  for  taxation  for  State  and  county  purposes, 
and  may  annually  levy  a  tax  on  all  trades,  professions  and  fran- 
chises carried  on  or  enjoyed  within  the  State. 

V.  CRIMES  AND  PENALTIES. 

Any  person  who  wilfully  and  without  authority  opens  or  reads 
a  sealed  letter  or  telegram  or  shall  publish  the  whole  or  any  part 
thereof  without  authority,  is  guilty  of  a  misdemeanor. 

If  any  person  violates  any  of  the  provisions  of  the  law  against 
trusts  and  monopolies  he  shall  be  guilty  of  a  misdemeanor.  Xo 
person  shall  unnecessarily  disconnect  the  wire  or  in  any  way  ren- 
der a  telephone  line  or  any  part  of  such  line  unfit  for  use  in  trans- 
mitting the  message,  nor  shall  such  person  unnecessarily  cut,  tear 
down,  or  destroy,  or  render  unfit  for  the  transmission  of  messages^ 
any  part  of  the  wires  of  a  telephone  line,  and  if  he  shall  so  do,  he- 
is  guilty  of  a  misdemeanor.  Any  person  who  wrongfully  by  con- 
nivance with  a  clerk  or  employee  of  a  telephone  company  obtains 
knowledge  of  the  contents  of  a  message,  or  any  clerk  or  employee 
who  wilfully  divulges  the  contents  of  any  telegraph  message,  or- 
wilfully  refuses  or  neglects  duly  to  transmit  or  deliver  the  same, 
shall  be  guilty  of  a  misdemeanor.  Any  wilful  injury  or  destruc- 
tion to  any  telegraph  or  telephone  pole,  wire  or  fixture  is  a  mis- 
demeanor. If  any  person  wrongfully  obtains  any  knowledge  of 
a  telephonic  message  by  connivance  with  a  clerk  or  employee  of  a 
telephone  company  or  if  a  clerk  or  employee  wilfully  divulges 
the  contents  of  any  message,  intrusted  to  him  for  transmission 
in  any  way  whatever,  he  shall  be  guilty  of  a  misdemeanor.  Xo 
person  shall  negligently  and  carelessly  cut  or  fell  any  tree  or  any 
limb  or  branches  therefrom  in  such  a  manner  as  to  cause  the  same 
to  fall  across  any  telephone  or  electric  light  wire  and  if  he  shall 
so  do,  and  an  injury  to  the  wire  shall  be  occasioned,  he  is  guilty 
of  a  misdemeanor. 

VI.  LIMITATIONS  OF  TRADE  AND  COM3IERCE. 

No  statutes. 

VII.  LEGISLATURE. 

The  General  Assemblv  shall  meet  biennially. 


Compilation  of  Statutes.  191 


NORTH  DAKOTA. 


I.  CONSTITUTION. 

Xo  charter  of  incorporation  shall  be  granted  by  special  law 
except  in  the  case  of  such  mnnicipal,  charitable,  educational,  penal 
or  reformatory  corporations  as  may  be  under  the  control  of  the 
State. 

The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged  or  so  construed  as  to  prevent  the  legislative  assembly 
from  taking  the  j^roperty  and  franchises  of  incorporated  com- 
panies and  subjecting  them  to  public  use,  the  same  as  the  prop- 
erty of  individuals. 

j^o  foreign  corporation  shall  do  business  in  the  State  without 
having  one  or  more  places  of  business  and  an  authorized  agent  in 
the  same  upon  Avhom  process  may  be  served. 

'No  right  shall  be  granted  to  telegraph  or  telephone  companies 
within  any  municipality  without  requiring  the  consent  of  the 
legal  authorities  having  control  of  the  streets  or  highways  pro- 
posed to  be  occupied. 

The  railroads,  telegraph  and  telephone  companies  are  declared 
to  be  common  carriers  and  subject  to  legislative  control  and  regu- 
lation as  to  rates  charged. 

Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  been  first  made  to  or  paid 
into  court  for  the  owner.  The  Legislative  Assembly  shall  not  pass 
any  special  law  granting  to  any  corporation  or  individual  the  right 
to  lay  down  railroad  tracks  or  any  special  or  exclusive  privilege, 
immunity  or  franchise  whatever. 

II.  CORPORATIONS. 

Private  corporations  may  be  formed  by  three  or  more  persons, 
and  the  articles  of  incorporation  shall  be  subscribed  and  must 
set  forth  its  name,  purposes,  place  of  business,  term  of  existence, 
directors,  the  amount  and  number  of  shares  of  its  capital  stock, 
and  if  a  telephone  or  telegraph  company  the  place  from  and  to 
which  the  line  is  intended  to  be  run,  and  the  branches  contem- 


192  Telegraph  and  Telephone  Companies. 

plated,  and  coinities  through  which  it  is  intended  to  be  run,  and 
the  estimated  length  and  cost  of  the  line.  The  articles  of  incor- 
poration shall  be  filed  with  the  Secretary  of  State. 

Every  corporation  shall  annually  file  wath  the  Secretary  of 
State  a  report  showing  the  location  of  its  principal  office,  its  offi- 
cers and  the  date  and  expiration  of  their  terms,  and  if,  after 
notice,  the  corporation  shall  not  within  sixty  days  file  such  report 
the  Secretary  of  State  shall  enter  upon  the  records  of  his  office  the 
cancellation  of  the  charter  of  certificate  to  do  business,  but  such 
company  whose  charter  or  certificate  has  been  so  cancelled  may  be 
restored  within  six  months  after  such  default.  A  corporation  may 
purchase,  hold  and  transfer  shares  of  its  own  stock  from  its  sur- 
plus profits. 

For  the  satisfaction  of  any  judgment  against  a  corporation 
authorized  to  receive  tolls,  its  franchise  and  all  rights  and  privi- 
leges thereof  may  be  levied  upon  and  sold  under  execution  with- 
out any  exemption,  and  the  purchaser  at  the  sale  must  receive  a 
certificate  of  purchase  and  be  immediately  let  into  the  possession 
of  all  property  necessary  for  the  exercise  of  the  powers  and  the 
receipt  of  the  proceeds  thereof,  and  must  thereafter  conduct  the 
business  of  such  corporation  with  all  its  powers  and  privileges 
and  subject  to  all  liabilities  until  the  redemption  of  the  same. 
The  Legislature  may  at  any  time  amend  or  repeal  this  act  or 
any  part  thereof  and  dissolve  all  corporations  thereunder. 

Foreign  corporation  can  do  business  in  the  State  when  it  has 
filed  in  the  office  of  the  Secretary  of  State  a  copy  of  its  charter 
or  articles  of  incorporation  and  complied  with  the  provisions  of 
this  act,  and  shall  have  appointed  the  Secretary  of  State  its  agent 
upon  whom  all  process  in  any  action  may  be  served,  and  shall  agree 
that  any  process  so  served  upon  said  agent  shall  be  of  the  same 
force  and  validity  as  if  served  uopn  it  personally  in  the  State. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

The  board  of  county  commissioners  of  a  county  and  board  of 
supervisors  of  any  town,  board  of  aldermen  of  any  city  or  trustees 
of  any  village  may,  when  deemed  for  the  best  interests  of  their 
respective  municipalities,  grant  to  any  person  or  company  organ- 
ized under  the  laws  of  this  State  or  licensed  to  do  business  therein 


COMI'ILATION    OF    STATUTES.  193 

the  right  of  way  for  erection  of  telephone  lines  over  any  streets 
or  public  places  in  their  care  or  supervision,  and  such  boards  shall 
have  the  right  to  place  such  conditions,  regulations  and  restric- 
tions as  they  may  deem  proper  thereon. 

A  carrier  of  messages  for  reward  must  deliver  them  at  the  place 
to  which  they  are  addressed  or  to  the  person  for  whom  they  are  in- 
intended  and  must  use  great  care  and  diligence  in  the  transmission 
and  delivery  thereof.  The  liability  of  a  common  carrier  can  be 
limited  only  by  special  contract,  but  it  cannot  be  exonerated  by  any 
agreement  made  in  anticipation  thereof  from  liability  for  gross  neg- 
ligence, fraud  or  wilful  wrong  of  itself  or  servants.  Each  common 
carrier  of  messages  by  telegraph  must  transmit  every  message  upon 
its  receipt  and  in  the  order  in  which  they  are  received,  and  every 
person  whose  message  is  refused  or  postponed  is  entitled  to  recover 
his  actual  damages  and  $50  in  addition  thereto. 

A  warrant  of  arrest  may  be  transmitted  by  telegraph  when 
authorized  thereto  by  a  judge  of  the  Supreme  or  District  Court 
by  endorsement  on  said  warrant. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation  being  first  made  and  the  right  of  emi- 
nent domain  may  be  exercised  in  behalf  of  telegraph  and  tele- 
phone lines. 

IV.    TAXATIOX. 

All  personal  property  of  telegraph  and  telephone  companies, 
including  the  poles  and  fixtures  and  all  other  apparatus  used  in 
•conducting  its  business,  shall  be  listed  and  assessed  by  the  State 
Board  of  Equalization. 

The  accounting  officer  of  each  company  shall  make  out  and 
deliver  to  the  assessor  a  sworn  statement  of  the  amount  of  its 
stock,  its  location,  capital  stock  paid  in,  its  market  value  and  actual 
value,  the  amount  of  its  indebtedness,  value  of  real  property  and 
value  of  personal  property. 

All  telephone  property  within  the  State,  including  lines  and 
instruments,  shall  be  listed  and  assessed  at  its  true  value. 

The  State  Board  of  Equalization  shall  assess  at  its  actual  value 
the  franchise  and  all  property  within  the  State  of  all  telegraph 
or  telephone  companies,  and  shall  divide  the  valuation  so  found 
Vol.   2  —  13 


194  Telegkaph  and  Telephone  Companies. 

of  eaeli  continuous  line  by  the  number  of  miles  of  such  line  in  the 
State,  and  the  result  shall  be  the  valuation  per  mile  for  which  each 
such  line  shall  be  assessed,  and  such  valuation  per  mile  shall  be 
apportioned  to  each  county  and  to  each,  the  number  of  miles  of 
such  line  contained  therein. 

The  State  Auditor  shall  certify  the  equalized  value  of  each 
county  to  the  county  auditor  and  certify  the  number  of  miles 
operated  by  each  of  the  companies  in  such  county  and  the  val- 
uation per  mile  as  determined  by  the  State  Board  of  Equalization, 
and  the  county  auditor  shall  apportion  such  value  to  the  cities, 
towns  and  villages  and  districts  through  which  such  lines  run 
according  to  the  number  of  miles  contained  in  each.  The  city 
council  has  power  to  regulate  and  prevent  the  use  of  streets,  side- 
walks and  public  grounds  for  telegraph  or  telephone  poles,  and 
the  boards  of  trustees  of  villages  shall  have  like  power  within  their 
municipality. 

V.  CRIMES  AND  PENALTIES. 

The  wilful  or  malicious  removal  or  injury  of  any  telegraph  or 
telephone  line  or  appurtenances  is  a  misdemeanor. 

Every  person  who  discloses  the  contents  of  a  telegraphic  despatch 
without  permission  or  having  in  his  possession  any  such  despatch 
maliciously  suppresses  or  secretes  the  same,  is  guilty  of  a  misde- 
meanor, or  any  person  who  unlawfully  makes  use  of  a  telegraph 
or  telephone  lines  or  cuts  or  taps  the  same  or  reads  or  copies  in 
any  unauthorized  manner  any  communication  or  message  being 
sent  or  who  obstructs  by  an  unauthorized  means  or  prevents  the 
sending  or  transmission  of  any  message  or  aids  or  employs  or 
conspires  with  any  person  so  to  do,  is  guilty  of  a  felony. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

A  trust  is  a  combination  of  capital,  skill  or  acts  by  two  or  more 
persons,  firms  or  comj)anies,  for  either  or  any  or  all  of  the  follow- 
ing purposes. 

To  create  or  carry  out  restrictions  in  trade,  to  limit  or  reduce 
the  production  or  increase  or  reduce  the  price  of  merchandise  or 
commodities,  to  fix  any  standard  or  figure  whereby  its  price  to 
the  public  shall  be  in  any  way  controlled  or  established  upon  any 


Compilation  of  Statutes.  195 

commodity  intended  for  sale,  use  or  consumption  or  to  establish 
any  pretended  agency  whereby  the  sale  of  such  commodity  shall  be 
covered  up  or  made  to  appear  to  be  for  the  original  vendor,  for 
like  purpose,  and  to  enable  such  original  vendor  to  control  the 
wholesale  or  retail  price  of  any  article  after  title  to  such  shall 
have  passed  from  him,  or  to  make  or  enter  into  or  carry  out  any 
agreement  by  which  they  shall  combine  or  they  bind  themselves 
to  sell,  dispose  of  or  transport  any  commodity  below  a  common 
standard  figure  or  card  price  list,  or  by  which  they  shall  agree  in 
any  way  to  keep  the  price  of  such  article  at  a  fixed  or  graduated 
figure  or  by  which  they  shall  in  any  way  establish  or  settle  any 
price  thereof  or  transportation  between  them  or  themselves  and 
others  so  as  to  preclude  the  free  and  unrestricted  competition 
among  themselves  or  others  in  the  sale  or  transportation  of  any 
such  commodity,  or  by  which  they  agree  to  pool,  combine  or  unite 
any  interest  they  may  have  in  connection  with  the  same  or  trans- 
portation of  any  commodity  that  its  price  might  in  any  way  be 
affected. 

Any  corporation  which  shall  violate  any  of  the  provisions  of 
:his  act  shall  forfeit  its  articles  of  incorporation  and  franchise, 
and  its  corporate  existence  shall  cease  and  determine.  Every 
foreign  corporation  violating  the  provision  of  this  act  is  denied  the 
right  and  prohibited  from  doing  any  business  in  the  State. 

The  Secretary  of  State  shall  annually  require  each  corporation 
to  file  with  him  a  statement  under  oath  as  to  whether  such  cor- 
poration has  all  or  any  part  of  its  business  or  is  interested  in  or 
with  any  members,  association  of  stockholders,  forming  a  trust  or 
combination  in  restraint  of  trade  as  herein  provided.  And  upon 
failure  to  file  such  answer,  proceedings  may  be  taken  within  any 
county  in  the  State  to  forfeit  the  articles  of  incorporation  or 
authority  to  do  business  in  the  State,  and  revoke  the  right  of 
foreign  corporations  located  herein  to  do  business  in  the  State. 
Any  violation  of  the  provisions  of  this  act  are  declared  to  be  a 
conspiracy  against  trade  and  is  a  misdemeanor,  and  any  person 
engaged  therein  shall  be  punished  by  a  fine  of  not  less  than 
$2,000. 

A  contract  or  agreement  in  violation  of  this  act  shall  be  void 
and  not  enforceable  in  law  or  equity,  and  any  purchaser  of  any 


196  Telegkapii  axd  Telepiioxe  Compaxies. 

article  or  commodity  from  any  person  or  association  or  company 
conducting  business  contrary  to  any  of  the  provisions  of  this  act 
shall  not  be  liable  for  the  price  or  payment  of  such  article  and 
may  plead  this  act  as  a  defense  to  any  suit  for  such  price  or 
payment. 

The  fines  provided  in  this  act  may  be  recovered  in  an  action  of 
debt  in  the  name  of  the  peoj^le  of  the  State. 

VII.   LEGISIiATLRE. 

The  Legislative  Assembly  shall  meet  biennially. 


COMPILATIOX    OF    STATUTES.  197 


NEW^   HAMPSHIRE. 


I.  CONSTITUTION. 

The  General  Court  shall  not  authorize  any  town  to  loan  its 
credit  or  give  its  money  directly  or  indirectly  for  the  benefit  of 
any  corporation  having  for  its  object  a  dividend  or  profits  or  in 
any  way  aiding  the  sanie  by  taking  its  stock  or  bonds. 

II.  CORPORATIONS. 

Voluntary  corporations  may  be  formed  by  five  or  more  persons 
who  shall  associate  by  articles  of  agreement  which  articles  shall  be 
recorded  in  the  office  of  the  town  clerk  in  which  its  business  is  to 
be  carried  on,  and  in  the  office  of  the  Secretary  of  State. 

Foreign  corporations  doing  business  in  the  State  shall  file  with 
the  State  Librarian  annually  a  printed  report  of  their  condition 
issued  by  them  during  the  preceding  twelve  months.  Xo  cor- 
poration shall  sell  or  dispose  of  any  of  its  capital  stock  at  a  price 
less  than  i)ar  value  nor  shall  they  make  any  by-law  to  restrain  the 
free  sale  of  the  shares  of  its  stock. 

]^o  corporation,  except  banks  and  insurance  companies,  shall 
contract  debts  or  incur  liabilities  exceeding  one-half  the  value  of 
its  ]M-o]jerty.  Within  thirty  days  after  the  whole  amount  of  the 
capital  stock  has  been  paid  in,  the  directors  and  treasurer  shall 
make  a  certificate  of  the  full  payment  thereof,  and  file  the  same 
in  the  office  of  the  clerk  of  the  town  where  the  corporation  has  its 
principal  business,  and  if  such  cor])oration  has  no  place  of  business 
in  the  State  all  certificates  and  other  pajiers  required  to  be  filed  or 
recorded  shall  be  filed  or  recorded  in  the  office  of  the  Secretary 
of  State. 

Each  corporation,  except  insurance,  railroad,  bank  and  other 
loan  associations  shall  annually  make  a  return  to  the  Secretary  of 
State  and  the  town  clerk  of  the  amount  of  all  assessments  voted 
by  the  corporation  and  paid  in,  the  amount  to  be  duo  to  and  from 
the  corporation  and  the  value  of  all  its  property  and  assets  and 
abstracts  thereof  shall  be  made  annually  by  the  Secretary  of  State 
and  laid  before  the  General  Court. 


198  Telegraph  axd  Telephone  Companies. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Telegraph,  telephone  and  electric  light  lines  may  be  placed  in 
the  highways  upon  petition  to  the  selectmen  of  the  town  through 
which  the  line  will  pass  who  may  grant  a  license  for  such  time  as 
they  deem  expedient,  and  may  change  from  time  to  time  and  may 
revoke  whenever  the  public  requires,  and  shall  fix  and  set  the  size 
and  location  of  the  poles  and  structures  and  wires  thereon ;  and 
the  boards  and  mayor  and  aldermen  in  cities  are  authorized  to 
delegate  this  power  to  such  agents  as  they  may  appoint.  ISTo  poles 
or  structures  or  wires  shall  be  so  placed  as  to  interfere  with  travel 
on  the  highways,  nor  shall  the  proprietors  thereof  injure  shade  or 
ornamental  trees  without  the  consent  of  the  owner,  and  if  any 
such  wires  or  poles  are  placed  or  continued  in  a  highway  without 
license  they  shall  be  deemed  to  be  a  public  nuisance. 

If  any  person  be  damaged  by  the  erection  of  any  poles  or  fix- 
tures or  wires  he  may  apply  to  the  selectmen  to  assess  his  damages, 
and  in  all  cases  such  damages,  if  any,  may  be  charged  as  shall  be 
legally  and  justly  due. 

The  proprietors  of  every  public  telegraph  and  telephone  line 
shall  maintain  ofiices  for  the  transmission  and  receipt  of  messages 
at  such  points  as  will  reasonably  accommodate  the  persons  having 
occasion  to  use  them,  and  the  selectmen  of  any  town  through 
which  such  line  passes  may  petition  the  Supreme  Court  for  the 
location  of  an  office  at  a  particular  place  therein  and  the  court, 
after  notice,  may  order  the  proprietor  of  the  line  to  establish  and 
maintain  such  office  if  the  public  convenience  requires  it. 

All  telegraph,  telephone  and  electric  light  companies  serving 
parties  for  hire  shall  be  deemed  to  be  public  and  shall  reasonably 
accommodate  persons  wishing  to  enjoy  their  facilities  without  dis- 
crimination and  at  reasonable  rates. 

The  proprietors  of  every  line  of  wire  strung  in  a  highway  shall 
indemnify  the  town  against  all  damages  to  which  it  may  be  sub- 
ject by  reason  of  any  insufficiency  or  defect  in  the  highway  occa- 
sioned by  the  presence  of  the  wires  and  their  supports  thereon, 
and  shall  be  responsible  directly  to  any  person  receiving  injury 
to  his  person  or  estate  from  the  wires  or  by  the  use  thereof  by  the 
proprietors. 

Xo  enjoyment  by  a  person  or  corporation  for  any  length  of 
time  of  the  privilege  of  having  or  maintaining  wires  and  their 


CoMPILATIOISr    OF    STATUTES.  199 

supports  in,  upon,  or  attached  to  any  building  shall  create  an 
easement  or  raise  any  presumption  of  a  grant  thereof. 

Wires  may  be  temporarily  discontinued  provided  the  person 
having  occasion  to  do  so  shall  first  serve  a  written  statement  of 
the  time  and  place  where  he  wishes  to  make  such  discontinuation 
at  any  office  of  the  proprietors  in  the  town  where  such  place  is 
situated,  twenty-four  hours  before  the  time  so  stated,  or  where 
there  is  no  such  office  by  a  notice  deposited  in  the  post  office 
directed  to  the  proprietors  three  days  before  the  time  mentioned  in 
the  statement. 

The  proprietors  of  such  lines  may  obtain  confirmation  of  the 
locations  of  their  lines  actually  constructed  and  operated  beneath 
the  surface  of  any  highway  by  petition  to  the  selectmen  of  the 
town  within  which  the  lines  are  maintained. 

Savings  banks  may  make  investments  of  their  funds  in  the  bonds 
of  telephone,  telegrajih  or  express  companies  doing  business  in  the 
United  States  or  territories,  provided  the  total  indebtedness  of 
such  company  does  not  exceed  its  capital  actually  paid  in  and 
remaining  unimpaired,  and  provided  such  company  has  earned 
xmd  paid  regular  dividends  of  at  least  4  per  cent,  per  annum  upon 
its  capital  stock  for  five  years  previous  to  such  investment,  but 
not  exceeding  10  per  cent,  of  its  deposits,  shall  be  by  said  bank  so 
invested. 

IV.    TAXATION. 

The  State  Board  of  Equalization  shall  be  appointed  who  shall 
assess  the  taxes  upon  railroad,  telegraph  and  telephone  companies, 
•each  company  operating  a  line'  within  the  State  shall  pay  an 
annual  tax  upon  the  value  on  the  first  day  of  April  of  each  year 
of  the  telegraph  or  telephone  line  within  the  State  then  operated 
-or  owned  by  such  person  or  company,  including  poles,  wires,  in- 
struments, apparatus,  office  furniture  and  fixtures  at  a  rate  as 
nearly  equal  as  may  be  to  the  average  rate  of  taxation  at  that 
time  upon  other  property  throughout  the  State. 

The  State  Board  of  Equalization  shall  determine  the  value  of 
the  property  to  be  taxed,  the  rate  of  taxation,  and  shall  assess  such 
tax,  and  they  shall  file  a  certificate  of  their  decisions  with  the  State 
Treasurer,  and  if  the  tax  is  not  paid  when  due  interest,  at  the  rate 
of  10  per  cent,  per  annum  shall  be  added. 


200  Telegraph  ajtd  Telephone  Companies. 

Railroad,  telegraph  and  telephone  companies  shall  be  taxed  only 
in  the  mode  herein  prescribed,  except  upon  real  estate  not  used  in 
their  ordinary  business,  and  the  taxes  assessed  by  virtue  of  this 
act  shall  be  in  lieu  of  all  taxes  upon  the  stocks  issued  by  such 
company.  The  real  estate  thereof  not  in  use  in  their  ordinary 
business  shall  be  appraised  and  taxed  by  the  authorities  of  the 
towns  in  which  it  is  situated.  The  city  councils  and  selectmen 
of  the  town  have  the  care  and  superintendence  of  all  public  high- 
ways and  streets,  and  may  regulate  the  use  thereof. 

V.  CRIMES  AND  PENALTIES. 

Wilful  injury  to  telegraph  and  telephone  lines  or  property  is 
punishable  by  a  fine  not  exceeding  $500  or  imprisonment  not  ex- 
ceeding two  years.  Every  telegraph  or  telephone  company  or 
municipal  corporation  employing  more  than  ten  persons  at  one 
time  shall  pay  the  wages  earned  each  week  to  their  employees  wha 
work  by  the  day  or  w^eek  within  eight  days  after  ttie  expiration 
of  the  week  or  upon  demand  after  that  time. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

No  statutes. 

VII.  LEGISLATURE. 

The  General  Assembly  shall  assemble  biennially. 


Compilation  of  Statutes.  201 


NEAV   JERSEY. 


I.  CONSTITUTIOX. 

Private  property  shall  not  bo  taken  for  public  use  without  just 
■compensation  first  being-  made  to  the  owners. 

Xo  county  or  municipality  shall  give  any  money  or  property 
or  loan  its  money  or  credit  to  or  in  aid  of  any  corporation,  or  be- 
come security  for,  or  be  directly  or  indirectly  the  owner  of  any 
stock  or  bonds  of  any  association  or  corporation.  The  Legislature 
shall  not  pass  any  private,  local  or  special  law  granting  to  any 
corporation,  association  or  individual  any  exclusive  privilege,  im- 
Tnunity  or  franchise  w^iatever. 

II.  CORPORATIONS. 

Three  or  more  persons  may  become  a  corporation  for  any  lawful 
purpose,  other  than  savings  bank,  building  and  loan,  insurance, 
surety,  railroad,  telegraph,  telephone,  canal  or  turnpike  or  other 
■companies  which  shall  need  to  possess  the  right  of  taking  and  con- 
•demning  lands  in  the  State,  but  it  shall  be  lawful  to  form  a  com- 
pany for  the  purpose  of  constructing,  extending  and  operating 
railroads,  telephone  or  telegraph  lines  outside  the  State. 

The  certificate  of  incorporation  shall  be  signed  in  person  by 
the  subscribers  to  the  capital  stock,  and  shall  be  filed  and  recorded 
in  the  office  of  the  clerk  of  the  county  where  the  principal  office 
of  such  corporation  shall  be  established  and  after  being  so  recorded 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  Every  domestic 
corporation  and  every  foreign  corporation  doing  business  in  the 
State  shall  annually  file  with  the  Secretary  of  State  a  report  setting 
forth  the  name,  the  location  of  its  office,  the  character  of  its  busi- 
ness, the  amount  of  authorized  capital  stock,  and  the  amount 
issued,  the  names  and  addresses  of  all  directors  and  officers  with 
the  term  of  office,  the  day  appointed  for  the  next  annual  meeting, 
and  the  statement  that  the  said  company  has  displayed  at  the 
-entrance  of  its  registered  office  its  name  and  has  kept  therein  a 
transfer  book. 


202  Telegraph  and  Telephone  Companies. 

The  meetings  of  stockholders  shall  be  held  within  the  State  but 
the  directors  may  hold  their  meetings  outside  the  State  if  the  by- 
laws or  incorporation  certificate  so  provides. 

ISTothing  but  money  shall  be  considered  as  j)ayment  of  any  part 
of  the  capital  stock  of  any  company  except  provided  in  the  case  of 
the  purchase  of  property,  and  no  loan  of  money  shall  be  made  to 
a  stockholder  or  officer  thereof.  Corporations  are  authorized  to 
hold,  sell  and  dispose  of  the  stock  or  bonds  of  other  corporations. 

Foreign  corporations  may  hold  and  convey  real  estate  within 
the  State  for  the  purpose  of  prosecuting  its  business  or  objects,  but 
before  transacting  any  business  in  the  State  shall  file  with  the 
Secretary  of  State  a  coj^y  of  its  certificate  of  incorporation  and  a 
statement  of  the  amount  of  its  capital  stock  and  the  amount  issued, 
the  character  of  its  business  and  designating  its  principal  office  and 
agent,  who  shall  be  a  domestic  corporation  or  any  person  of  full 
age  actually  resident  of  the  State,  together  with  his  place  of 
abode,  upon  whom  process  may  be  served.  A  foreign  corporation 
shall  pay  the  same  fees,  penalties  and  licenses  as  are  imposed  upon 
corporations  of  this  State  by  the  laws  of  the  State  in  which  such 
foreign  corporation  is  organized,  and  shall  pay  the  same  so  long 
as  such  laws  continue  in  force  in  such  foreign  State. 

Any  two  or  more  domestic  corporations  formed  for  the  purpose 
of  carrying  on  any  kind  of  business  of  the  same  or  similar  nature 
may  be  merged  or  consolidated  into  a  single  corporation. 

No  corporation  which  has  acquired  or  may  acquire  a  franchise 
from  the  State  or  municipality  thereof  to  use  or  occupy  any  public- 
road  or  place  shall  hereafter  sell,  deliver  or  issue  any  of  its  capital 
stock  except  for  cash,  of  a  like  or  greater  amount  than  the  par 
value  of  the  stock  issued  therefor  or  for  property  of  at  least  the 
actual  cash  value  of  the  amount  of  stock  at  par  value  issued  in 
payment  therefor,  nor  shall  such  corporation  sell  or  deliver  its 
bonds  or  obligations  of  any  character  except  in  return  for  cash 
to  the  extent  of  at  least  80  per  cent,  of  the  face  value  of  the 
securities  issued  or  for  property  of  an  actual  cash  value  of  at  least 
80  per  cent,  of  the  face  values  of  the  securities  issued  in  payment 
therefor. 

Upon  the  issuance,  sale  and  delivery  of  its  stock,  bonds  or 
obligations,  a  corporation  shall  forthwith  file  in  the  office  of  the 


CoMriLATlOX    OF    STATUTES.  203 

Secretary  of  State  a  certificate  setting  forth  the  amount  of  stock, 
bonds  or  obligations  sold,  the  amount  of  cash  received  in  payment, 
or  if  the  securities  svere  issued  for  the  acquisition  of  property 
such  certificate  shall  state  that  the  actual  cash  value  of  the  property 
transferred  was  equal  to  at  least  a  par  value  of  the  stock  issued 
therefor  or  equal  to  at  least  80  per  cent,  of  the  face  value  of  the 
securities  other  than  stock  issued  therefor. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Three  or  more  persons  may  associate  into  a  company  for  the 
purpose  of  constructing,  owning  and  maintaining  lines  of  electric, 
telephone  or  telegraph  or  both,  wholly  within  or  partly  beyond  the 
limits  of  the  State.  Shall  execute  a  certificate  setting  forth  the 
name,  the  location  of  its  principal  business  ofiice,  its  object,  the 
amount  of  the  total  authorized  capital  which  shall  not  be  less  than 
$2,000,  the  number  of  shares  into  which  the  same  is  divided,  the 
full  value,  the  amount  of  capital  stock  with  which  they  wall  com- 
mence business,  which  shall  not  be  less  than  $1,000,  a  description 
of  the"  different  classes  of  stock,  if  any,  the  period  of  duration,  the 
number  of  shares  subscribed,  the  aggregate  of  which  shall  be  the 
amount  of  capital  stock  with  which  the  company  will  commence 
business,  Avliich  certificate  shall  be  recorded  in  the  ofiice  of  the 
clerk  of  the  county  where  the  principal  business  ofiice  shall  be 
established,  and  after  being  there  recorded  shall  be  filed  in  the 
office  of  the  Secretary  of  State. 

At  the  election  of  officers  the  president,  treasurer,  secretary,  and 
at  least  three  directors  shall  be  chosen,  one-third  of  whom  shall  be 
citizens  of  the  State. 

^o  line  of  telegraph  company  organized  and  working  under 
this  act  shall  be  privileged  to  charge  more  than  25  cents  for  any 
message  not  exceeding  ten  words  in  length,  and  every  message 
exceeding  ten  words  in  length  25  cents  for  the  first  ten  words  and 
ten  cents  for  every  ten  words  over  the  first  ten,  and  at  that  rate 
for  less  than  ten,  to  any  point  in  the  State,  provided,  however,  the 
said  messages  are  intended  to  be  transmitted  over  but  one  com- 
pany's line. 

Such  companies  shall  pay  one-half  of  1  per  cent,  upon  the 
amomit  of  its  capital  stock  into  the  State  treasury  upon  the 
organization  thereof. 


20-1:  Telegraph  axd  Telepiioxe  Companies. 

Any  company  organized  and  working  by  virtne  of  this  act  shall 
establish,  maintain  and  keep  open  at  least  one  office  every  twenty 
miles  traversed  by  their  line. 

"Wilfnl  injnry  to  telegraph  lines  is  punishable  by  a  penalty  of 
$100  to  be  recovered  as  debts  of  like  amount  by  the  company  in- 
jured, and  for  a  second  offense  by  imprisonment  not  exceeding 
one  year. 

Any  company  organized  by  virtne  of  this  act  shall  have  power 
to  erect,  construct  and  maintain  the  necessary  poles,  wires,  ap- 
paratus and  fixtures  over  and  under  any  public  highway  upon  first 
obtaining  consent  in  writing  of  the  owner  of  the  soil  to  the  placing 
of  the  poles,  and  upon,  through  or  over  other  lands  subject  to  the 
right  of  the  owners  to  full  compensation  therefor;  provided  that 
no  poles  shall  be  erected  in  any  street  of  any  municipality  with- 
out first  obtaining  a  designation  of  the  streets  in  which  the  same 
shall  be  ])laced  and  the  manner  of  placing  the  same,  and  they  shall 
be  located  so  as  to  not  interfere  with  the  safety  or  convenience  of 
persons  traveling  over  such  streets. 

Any  telegraph  company  may  connect  and  consolidate  with 
another  incorjoorated  telegraph  company.  It  shall  be  unlawful 
for  any  person  connected  with  aily  telegraph  line  to  divulge  the 
contents  of  a  despatch  which  may  be  sent  or  received  over  any 
line  in  the  State  without  the  consent  or  direction  of  the  party 
receiving  the  same,  and  the  penalty  therefor  is  a  fine  of  not  less 
than  $100  or  imprisonment  not  exceeding  six  months. 

The  common  council  or  legislative  body  of  any  municipality 
shall  give  to  a  company  commencing  to  construct  their  line  a 
writing  designating  the  streets  in  which  the  poles  shall  be  placed 
and  the  manner  of  placing  the  same. 

If  wires  or  cables  be  attached  to  buildings  no  lapse,  of  time 
shall  raise  a  presumption  of  any  perpetual  right  to  such  attach- 
ment or  extension. 

It  shall  be  lawful  for  every  railroad  company  of  the  State  to 
erect,  establish  and  maintain  a  line  of  telegraph  for  the  public 
use  upon  the  right  of  way  of  such  railroad  company  and  to  erect 
and  establish  and  maintain  extensions  of  such  line  in  any  direc- 
tion from  such  primary  line  or  such  distance  as  may  be  necessary 
along,  over  and  upon  its  highways  and  along  the  public  roads  and 
highways   of   the   State   or   otherwise.      Every   railroad   company 


Compilation  of  Statutes.  205 

establishing  such  line  shall  maintain  at  least  one  office  for  every 
twenty-five  miles  traversed  by  its  line  for  the  transmission  of 
messages,  and  shall  receive  and  transmit  all  messages  upon  being 
paid  such  charges  as  by  law  the  said  corporation  may  charge  for 
such  services,  and  a  railroad  company  maintaining  such  line  is 
authorized  to  collect  for  each  message  of  not  more  than  ten  words 
25  cents  and  for  each  additional  word  1  cent,  provided  that  such 
messages  are  intended  to  be  transmitted  only  over  the  lines  of  the 
company  to  whom  such  messages  are  tendered. 

liailroad  companies  maintaining  telegraph  lines  may  make 
arrangements  with  other  railroad  or  telegraph  companies  for  the  • 
rece])tion  and  transmission  of  messages,  and  for  all  messages 
transmitted  over  the  telegraph  lines  of  other  companies  which  rail- 
road corporation  to  whom  such  message  shall  be  tendered  may 
charge,  receive  and  collect  a  reasonable  and  customary  rate  for 
such  transmission.        • 

IV.    TAXATION. 

Every  telegraph  and  telephone  company  shall  pay  an  annual 
tax  by  way  of  license  for  its  corporate  franchise  and  every  such 
company  shall  annually  make  report  to  the  State  Board  of  As- 
sessors showing  the  gross  amount  of  its  receipts  from  business  done 
in  the  State  for  the  year  preceding,  and  upon  which  such  com- 
pany shall  pay  to  the  State  an  annual  license  fee  or  franchise  tax 
of  2  per  cent,  upon  the  gross  amount  of  its  receipts,  which  taxes 
shall  be  jDayable  to  the  State  Treasurer  and  shall  be  a  debt  due 
from  the  company  to  the  State  for  which  an  action  at  law  may  be 
maintained  and  also  the  State  may  by  its  Attorney-General  apply 
.for  an  injunction  to  restrain  a  corporation  from  exercising  its 
franchise  or  transacting  any  business  within  the  State  until  the 
payment  of  such  tax. 

The  State  Board  of  Assessors  shall  annually  ascertain  and  ap- 
portion the  franchise  tax  to  the  various  taxing  districts  in  propor- 
tion to  the  value  of  the  property  in  or  upon  or  under  any  public 
street,  road  or  other  public  place  therein. 

In  cities  of  the  first  class  the  board  of  street  and  water  com- 
missioners shall  have  power  to  regulate  and  control  the  use  of  the 
streets  by  posts,  poles  and  other  similar  encroachments  and  all 
ordinances  granting  to  any  person  consent  to  the  location  of  pole. 


206  TelectKAph  axd  Telephone  Companies. 

lines,  or  the  stringing  of  wires  shall  be  published  and  the  costs  of 
publication  thereof  shall  be  paid  by  the  persons  or  corporations 
applying  for  the  consent,  right  or  privilege.  The  city  council  has 
the  right  to  regulate  the  manner  in  which  conduits,  wires  and 
other  constructions  for  conducting  or  conveying  electricity  shall  be 
conducted  and  protected. 

V.  CRIMES  AND   PENALTIES. 

Any  corporation  or  telephone  company  engaged  in  transmission 
of  communications  that  shall  knowingly  bring  or  transmit  the 
drawing  or  list  of  numbers  drawn  or  purporting  to  be  drawn  of 
any  lottery  or  drawing  to  any  place  within  the  State  or  shall 
knowingly  receive  such  list  or  shall  knowingly  carry  any  message 
that  shall  further  promote  the  interest  of  any  unlawful  pursuit 
shall  be  guilty  of  a  misdemeanor. 

Wilful  or  malicious  injury  or  destruction  of  any  battery,  pole, 
wire  or  other  fixture  of  a  telegraph,  telephone  line,  or  interference 
with  the  work  or  operation  therefor,  or  if  a  person  shall  wilfully 
or  maliciously  prevent  or  obstruct  in  any  way  the  sending  or  con- 
veyance or  delivery  of  any  communication  he  shall  be  guilty  of  a 
misdemeanor. 

It  is  unlawful  for  a  corporation  employer  of  labor  to  make 
as  a  condition  of  employment  the  renunciation  of  membership  in 
any  labor  society,  and  it  is  unlawful  to  require  individuals  to  re- 
nounce existing  membership  or  to  promise  to  refrain  from  join- 
ing any  such  lodge  or  organization  at  any  future  time. 

It  is  unlawful  for  any  person  to  purchase  or  have  assigned  to 
him  the  wag-es  of  a  workino;  man  on  which  shall  be  contracted  to 
be  paid  or  received  more  than  legal  interest.  Bi-weekly  pay- . 
ments  shall  be  made  in  lawful  money  to  each  and  every  employee 
engaged  in  his  or  its' business  of  the  full  amount  of  wages  earned 
and  unpaid  to  such  employee  up  to  within  twelve  days  of  such 
payment. 

VI.  LIMITATIONS   OF  TRADE   AND    COM3IERCE. 

JSTo  statutes. 

VII.  LEGISLATURE. 

The  members  of  the  Senate  and  General  Assembly  shall  meet 
every  year. 


Compilation  of  Statutes.  207 


NEW  YORK. 


I.  CONSTITUTIOX. 

Corporations  shall  not  be  created  by  special  act,  except  for  muni- 
cipal purposes,  and  in  cases  where,  in  the  judgment  of  the  Legis- 
lature, the  objects  of  the  corporation  cannot  be  attained  under 
general  laws. 

Where  private  property  shall  be  taken  for  any  public  use,  the 
compensation  made  therefore  when  such  compensation  is  not  made 
by  the  State,  shall  be  ascertained  by  a  jury,  or  by  not  less  than 
three  commissioners  appointed  by  a  court  of  record,  as  shall  be 
prescribed  by  law. 

Counties,  cities  and  towns  shall  not  give  or  loan  money  or  its 
credits  in  aid  of  any  individual  or  company,  or  become  directly 
or  indirectly  the  o.vner  of  stock  or  bonds  thereof,  nor  shall  any 
county,  city,  to^^^I  or  village  be  liable  to  incure  any  indebtedness, 
except  for  county,  city,  town,  or  village  purposes. 

Free  passes,  franking  privileges  or  discrimination  in  passenger, 
telegraph  or  telephone  rates  shall  not  be  received  by  any  public 
officer. 

II.  CORPORATIONS. 

Three  or  more  persons  may  form  a  corporation ;  all  must  be  of 
full  age,  two-thirds  of  them  citizens  of  the  United  States,  and  one  a 
resident  of  the  State. 

The  original  certificate  of  incorporation  shall  be  filed  with  the 
Secretary  of  State,  and  a  certified  coj^y  or  a  duplicate  original  of 
such  certificate  shall  be  filed  and  recorded  in  the  office  of  the  county 
clerk  of  the  county  in  which  the  principal  office  of  the  corporation 
is  located.  When  any  corporation  shall  have  sold  or  conveyed  any 
])art  of  its  real  property,  the  Supreme  Court  may,  notwithstanding 
any  restrictions  of  a  general  or  sj^ecial  law,  authorize  it  to  purchase 
or  hold  from  time  to  time  other  real  property  upon  satisfactory 
])roof  that  the  value  of  the  property  so  purchased  does  not  exceed 
the  value  of  the  property  so  sold  and  conveyed  within  three  years 
next  preceding  the  application. 


208  Telegkaph  and  Telephone  Companies. 

Any  domestic  corporation  transacting  business  in  foreign  States 
or  countries  may  acquire  and  dispose  of  such  property  as  may  be 
requisite  for  such  corporation  in  the  convenient  transaction  of  its 
business. 

!N^o  foreign  corporation  other  than  a  monied  corporation  shall 
.  do  business  within  the  State  without  having  procured  from  the 
Secretary  of  State  a  certificate  that  it  has  complied  with  the  re- 
quirements of  the  law,  to  authorize  it  to  do  business  and  no  foreign 
stock  company  doing  business  in  the  State  shall  maintain  any  action 
upon  any  contract  in  the  State,  made  by  it  therein  unless  prior  to 
the  making  thereof  it  shall  have  procured  such  certificate,  and 
before  obtaining  such  certificate  such  corporation  must  file  in  the 
ofiice  of  the  Secretary  of  State  a  statement  setting  forth  its  busi- 
ness, the  place  within  the  State  where  its  office  shall  be  and  desig- 
nating a  person  upon  whom  process  may  be  served.  Every  foreign 
corporation  except  banking,  fire,  marine,  casualty  and  life  insur- 
ance companies  wholly  engaged  in  carrying  on  manufactures  in 
this  State,  fraternal  insurance,  endowment  orders  and  building  and 
loan  companies  shall  pay  a  license  fee  of  one-eighth  of  one  per  cent, 
to  be  computed  on  the  basis  of  the  amount  of  capital  stock  em- 
ployed by  it  within  the  State,  and  any  foreign  corporation  may 
acquire  real  property  as  may  be  necessary  for  its  corporate  pur- 
poses and  may  acquire  real  property  at  a  sale  upon  the  foreclosure 
of  any  mortgage  or  judgment  or  decree  for  it  held  or  by  it,  or  may 
take  by  devise  any  real  property  and  hold  the  same  for  not  exceed- 
ing five  years  from  the  date  of  such  purchase  or  from  the  time 
when  the  right  of  the  possession  thereof  vests  in  such  devisee,  ^o 
company,  except  such  as  is  organized  or  maintained  for  political 
purposes  only  shall  directly  or  indirectly  make  any  political  con- 
tribution. 'No  loans  of  money  shall  be  made  by  any  stock  com- 
pany, except  a  monied  corporation  or  by  any  officer  thereof  out 
of  its  funds  to  any  stockholder  therein. 

Upon  written  notice  so  to  do,  by  a  creditor  or  a  stockholder, 
each  domestic  and  foreign  stock  company,  except  monied  and  rail- 
road companies  shall  report  to  the  Secretary  of  State,  showing  the 
amoimt  of  its  capital,  and  the  proportion  issued,  the  amount  of 
debts,  the  amount  of  assets,  and  the  names  and  addresses  of  direc- 
tors and  officers,   and  in  the  case  of  a  foreign  corporation,  the 


Compilation  of  Statutes.  20^ 

names  and  address  of  the  persons  upon  whom  process  can  be  served. 
A  stock  company  except  a  railroad  company  with  the  consent  of 
two-thirds  of  its  stock  may  sell  and  convey  its  property  and  fran- 
chises to  a  domestic  corporation  engaged  in  a  business  of  the  same 
general  character.  Any  domestic  stock  company  and  any  foreign 
company  authorized  to  do  business  in  the  State,  may  merge  with 
another  corporation  of  the  stock  of  which  other  company  it  is  the 
owner  provided  it  is  engaged  in  a  business  similar  or  incidental  to 
that  of  the  possessor  of  such  stock. 

III.    TELEGRAPH   AND    TELiEPHONE    COMPANIES. 

Seven  or  more  persons  may  form  a  corporation  for  the  purpose 
of  constructing,  ow^iing  and  maintaining  lines  of  electrical,  tele- 
graph or  telephone  partly  within  the  State,  or  wholly  within  or 
partly  without  the  State,  and  the  certificate  of  incorporation 
among  other  things  shall  state  the  general  route  and  point 
to  be  connected  and  any  such  corporation  may  construct  and  main- 
tain any  lines  of  telegraph  or  telei^hone  not  described  in  its  original 
certificate  of  corporation  whether  wholly  within  or  wholly  or  partly 
within  the  State,  aad  may  join  with  any  other  company  in  con- 
structing, owning  and  maintaining  such  line  or  holding  or  owning 
any  interest  therein  or  becoming  lessees  thereof  upon  filing  in  the 
same  manner  as  the  original  certificate,  an  amended  certificate, 
executed  by  at  least  two-thirds  of  the  directors  of  the  company 
described  and  route  of  such  lines  and  designating  the  extreme 
point  connected  thereby,  and  upon  procuring  the  written  consent 
of  the  persons  owning  at  least  two-thirds  of  the  capital  stock  of 
such  company. 

Such  corporations  may  erect,  construct  and  maintain  the  neces- 
sary fixtures  for  its  lines  over  or  under  any  of  the  public  roads, 
streets  or  highways  or  public  waters,  or  upon  or  through  lands  sub- 
ject to  the  right  of  the  owner  thereof  to  full  compensation  for 
the  same. 

Every  company  shall  receive  despatches  from  other  telephone  or 
telegraph  line  and  through  or  from  any  individual  and  upon  .]iay- 
ment  of  the  usual  charges  for,  transmission  shall  transmit  the  same 
with  impartiality  and  good  faith,  and  in  the  order  in  which  they 
are  received,  and  upon  neglect  or  refusal  so  to  do,  shall  pay  $100 
Yol.  2—14: 


210  Telegeapii  axd  Telephone  Companies. 

for  every  such  refusal  or  neglect  to  the  person  sending  or  desiring 
to  send  the  same. 

Any  corporation  organized  under  this  act  may  lease,  sell,  or  con- 
vey its  rights,  propertj'  and  franchises  to  any  company,  either  tele- 
graph or  telephone,  organized  under  the  laws  of  this  or  any  other 
State,  and  may  acquire  the  property  and  privileges  of  franchise 
or  any  interest  therein  of  any  such  corporation  and  may  make 
payment  therefor  in  its  own  stock,  money  or  property,  or  receive 
payment  therefor  in  the  stock,  money  or  property  of  the  corpo- 
ration to  which  the  same  may  be  sold,  leased  or  conveyed,  but  the 
same  shall  not  be  valid  or  binding  until  ratified  by  two-thirds  of  its 
directors  by  a  three-fifths  of  the  capital  stock. 

The  police  department  of  any  city  in  addition  to  the  police 
force  may  appoint  a  number  of  persons  not  exceeding  200  who 
may  be  designated  by  any  corporation  operating  a  system  of  send- 
ing by  telegraph  to  a  central  office  for  police  assistants  to  act  as 
special  policemen  in  connection  with  such  telegraphic  system. 
Such  appointees  shall  j)osi^ess  the  qualifications  required  by  the 
police  department  for  special  service,  and  shall  be  subject  in  case 
of  emergency  to  do  regular  police  duty,  and  the  police  department 
shall  have  power  to  re\'oke  any  such  appointment. 

Whenever  any  Avire  or  cable  used  for  telegraph,  telephone,  elec- 
tric light  or  any  other  electric  j^urpose,  or  for  the  purpose  of  com- 
munication otherwise  than  by  the  power  of  electricity,  is  or  shall 
be  attached  to  or  does  or  shall  extend  upon  or  over  any  building 
or  land,  no  lapse  of  time  shall  raise  a  presumption  of  any  grant  or 
justify  a  prescription  of  any  perpetual  right  to  such  attachment  or 
extension. 

Service  of  process  upon  a  telegraph  company  may  be  made  by 
serving  copy  on  any  office  manager  of  the  defendant  residing  in 
any  county  unless  at  least  thirty  days  before  the  issue  of  the 
summons  defendant  has  filed  in  the  office  of  the  clerk  of  the  county 
a  written  instrument  disclosing  the  person  residing  in  the  county 
upon  whom  process  to  be  issued  by  a  justice  of  the  peace  against 
defendant  may  be  served. 

Any  company  organized  for  the  purpose  of  owning,  constructing 
and  maintaining  lines  of  electric  telegraph  are  authorized  to  con- 
struct and  lay  lines  for  electrical  conductors  under  ground  in  any 


CoirpiT.ATiox  OF  Statutes.  211 

city,  village  or  town  subject  to  the  provisions  of  law  in  reference 
to  such  companies  and  provided  that  they  shall  before  laying 
such  line  obtain  from  the  common  council,  village  trustees  or 
highway  commissioners  permission  to  use  the  stretes  of  this  said 
city,  town  or  village  for  the  j)urposes  set  forth. 

All  telegraph,  telephone  and  electric  light  wires  and  cables  used 
in  any  incorporated  city  having  a  population  of  500,000  or  over 
shall  be  placed  under  the  surface  of  streets,  and  every  corporation 
or  person  owning  or  controlling  telegraph,  telephone,  electric  or 
other  wires  and  cables,  including  what  is  known  as  telegraph  poles 
and  other  appurtenances,  shall  have  the  same  removed  from  the 
surface  of  all  streets  in  every  such  city. 

Xo  city  shall  grant  any  exclusive  privileges  or  franchise  to 
any  corporation  or  individual  by  which  a  monopoly  may  be 
created  or  competition  prevented  on  equal  terms. 

Telegraph  and  telephone  companies  shall  afford  to  policemen 
and  firemen  the  use  of  its  lines  for  the  purpose  of  making  and 
receiving  reports  and  communications  in  the  course  of  their  official 
duty. 

V.    TAXATION. 

The  clerk  of  the  board  of  supervisors  in  each  county  shall, 
within  five  days  after  the  making  of  the  annual  tax  warrant, 
deliver  to  the  county  treasurer  a  statement  showing  title  of  all 
railroads,  telegraph,  telephone  and  electric  lines  in  the  county, 
the  valuation  of  the  property,  real  and  personal  and  the  amount 
of  tax  assessed  or  levied  in  such  valuation  in  each  town  or  city  in 
the  county.  The  term  '"  real  estate  ''  and  real  property  includes 
the  land  under  and  above  water,  buildings  and  structures,  sub- 
structures and  super-structures.  All  telegraph  lines,  wires,  poles 
and  appurtenances,  all  supports  and  enclosures  for  electric  con- 
ductors, all  pipes  and  tanks  laid  or  ]ilaced  in  or  upon  any  public 
or  private  street  for  conducting  heat,  oil,  electricity  or  any 
proper  substance  or  jiroduct  cajjable  foi"  rran-portation  or  convey- 
ance therein.  The  capital  stock  of  every  company  except  such 
part  as  shall  have  been  excepted  in  the  assessment  roll  or  exempt 
by  law,  together  with  its  profits  or  reserve  funds,  excepting  15  per 
Cent,  of  this  capital  after  deducting  the  assessed  value  of  its  real 


213  Telegeaph  and  Telephone  Companies. 

estate  and  assessments  of  stock  in  other  companies  actually  owned 
•by  it  which  are  taxable  upon  their  capital  stock  under  the  laws  of 
this  State  shall  be  assessed  at  its  actual  value.  A  fiscal  officer  of 
every  corporation  deriving  an  income  from  its  caj^ital  shall  an- 
nually deliver  to  the  assessor  of  the  tax  district  a  certificate 
specifying  the  real  property  owned  by  it,  its  situation  and  the 
sum  actually  paid  therefor;  the  capital  stock  paid  in  excepting 
the  sums  paid  for  real  property,  and  the  amount  of  such  stock  held 
by  the  State  or  by  any  incorporated  library  or  charitable  institu- 
tion, the  tax  district  in  which  the  principal  office  of  the  company 
is  situate,  and  in  case  it  has  no  office,  the  tax  district  in  which  its. 
operations  are  carried  on. 

The  county  clerk  shall  furnish  to  each  town  clerk  annually  a 
certified  statement  containing  the  names  of  every  stock-  company^ 
incorporated  during  the  preceding  year.  The  assessors  shall  assess 
corporations  and,  in  any  town  in  w^hich  a  railroad,  telegraph, 
telephone  or  pipe  line  company  is  assessed  upon  property  lying  in 
more  than  one  school  district,  shall  apportion  the  assessed  valua-^ 
tion  of  that  property  among  such  several  school  districts. 

The  State  Board  of  Tax  Commissioners  shall  annually  fix 
and  determine  the  values  of  each  special  franchise  subject  to 
assessment  in  each  city,  town  or  tax  district,  and  shall  file  with 
the  city  or  town  clerk  a  statement  of  the  valuation  of  each  such 
franchise  as  fixed  and  determined.  Each  clerk  shall  deliver  a 
copy  of  such  franchise  assessment  certificate  by  him  to  the  assessors 
charged  with  the  duty  of  making  local  assessments,  and  the  valua- 
tion of  every  franchise  so  fixed  shall  be  entered  by  the  assessors 
in  the  assessment  roll  and  become  a  part  thereof  as  if  such  assess- 
ment had  originally  been  made  by  the  assessors.  Each  person  or 
company  acquiring  a  franchise  must  make  written  report  to  the 
State  Board  of  Tax  Commissioners  containing  a  full  description 
of  each  franchise  possessed  and  enjoyed  by  it,  and  a  copy  of  the 
law,  grant  or  ordinance  under  which  the  same  is  held.  On  making 
the  special  franchise  assessment  the  State  Board  of  Tax  Commis- 
sioners shall  give  notice  of  hearing  at  the  same  time.  If  when  the 
special  franchise  tax  is  assessed  any  person  or  company  has  paid 
to  the  city,  town  or  village  for  its  exclusive  use  a  percentage  of  its 
gross  earnings  or  any  license  fee  on  account  of  such  franchise  the 


Co:MPiLATrox  of  Statutes.  213 

amount  so  paid  for  such  exclusive  use  shall  be  deducted  from  the 
tax  based  on  the  assessment  made  by  the  said  Board  of  Tax  Com- 
missioners and  the  remainder  due  shall  be  the  tax  on  such  fran- 
chise payable. 

The  clerk  of  the  board  of  supervisors  shall  deliver  to  the  county 
treasurer  a  statement  showing  the  names  of  every  railroad,  tele- 
graph, telephone  and  electric  light  line  in  each  tax  district  in  the 
county  and  within  thirty  days  after  receipt  by  the  county  treasurer 
from  the  clerk  such  company  may  pay  their  tax  to  the  county  treas- 
urer, and  if  not  so  paid  the  county  treasurer  shall  notify  the  local 
collector.  The  collcctipn  of  taxes  against  telegraph,  telephone  or 
electric  light  companies  may  be  enforced  by  sale  of  instruments 
and  batteries  connected  with  the  line,  and  in  case  of  insufficiency 
the  collector  shall  make  return  thereof  to  the  county  treasurer,  who 
shall  proceed  to  sell  such  part  of  the  line  in  such  tax  district  as 
may  be  necessary  to  satisfy  the  unpaid  tax,  and  upon  such  sale 
shall  execute  to  the  purchaser  a  conveyance,  and  the  purchaser 
shall  become  the  owner  thereof. 

The  organization  tax  for  a  domestic  corporation  is  one-twentieth 
of  1  per  cent,  upon  the  capital  stock  or  every  increase,  and  the 
license  tax  on  foreign  corporations,  except  banking,  fire,  marine, 
casualty  and  life  insurance  companies,  co-operative,  fraternal  life 
insurance  companies  and  building  and  loan  associations  shall  be 
one-eighth  of  1  per  cent.,  to  be  computed  upon  the  basis  of  the 
capital  stock  employed  by  it  within  the  State  during  the  year  for 
carrying  on  its  business,  or  upon  any  increase  thereof. 

Every  corporation  doing  business  in  the  State  shall  pay  an- 
nually a  tax  measured  upon  the  amount  of  capital  stock  employed 
in  the  State. 

Every  corporation  formed  for  telegraph  or  telephone  purposes 
shall  pay  an  annual  license  fee  equal  to  five-tenths  of  1  per  cent, 
upon  its  gross  earnings  within  the  State. 

Each  transportation  or  transmission  company  shall  make  a 
written  report  to  the  Comptroller  annually  of  its  condition,  stating 
the  amount  of  its  gross  earnings  from  all  sources  and  its  gross 
earnings  from  its  transportation  or  transmission  business  originat- 
ing and  terniinatiug  within  the  State.  An  action  may  be  brought 
by  the   Attorney-General    at    the   iustance   of   the   Comptroller   to 


21-i  Telegraph  and  Tklkimioxe   Coimpanies. 

recover  the  amount  of  the  taxes  due  under  the  provisions  of  this 
act. 

The  Commissioners  of  Electrical  Subways  are  appointed  in 
cities  having  a  j^oj^ulation  exceedinc;  500,000  and  less  than 
1,000,000  whose  salaries  shall  he  paid  hy  the  State  Comptroller 
and  collected  from  the  several  companies  operating  conduits  in 
said  cities. 

The  sale  or  lease  of  real  estate  or  franchise  must  be  made  at 
public  auction,  after  notice,  to  the  highest  bidder,  which  sale  must 
be  subsequently  appi-ovcd  by  a  resolution  of  the  board  of  estimate 
and  apportionment,  and  no  franchise  shall, be  granted  for  a  period 
of  longer  than  fifty  years. 

The  commissioners  of  public  works  have  over  the  streets  within 
the  city  all  the  jurisdiction  and  is  charged  with  all  the  duties  of 
commissioners  of  highways  within  the  towns  of  the  State.  A 
board  of  trustees  of  villages  have  power  to  enact  ordinances  to 
regulate  the  erection  of  telegraph,  telephone  or  electric  light  poles 
or  stringing  of  wires  over  the  streets  or  public  grounds  within  the 
village. 

VI.    CRIMES  AND  PENALTIES. 

Any  person  who  wilfully  or  maliciously  injures  or  destroys 
a  line  of  telegraph  or  telephone  or  appurtenances  or  who  shall 
wilfully  and  unlawfully  cut,  break,  tap  or  make  connection  there- 
with or  read  or  copy  any  message  or  communication  or  report 
passing  over  the  line  or  who  shall  delay  the  sending,  transmission, 
conveyance  or  delivery  of  any  authorized  message  by  or  through 
any  telegraph  or  telephone  line,  or  who  shall  employ  or  conspire 
with  any  person  so  to  do,  is  punishable  by  imprisonment  for  not 
more  than  two  years.  A  person  who  receives  property  which  has 
been  wrongfully  appropriated  in  such  manner  as  to  constitute  lar- 
ceny, knowing  the  same  to  have  been  so  stolen,  or  a  junk  dealer  who 
buys  or  receives  wire  cable,  etc.,  used  by  or  belonging  to  a  railroad, 
telegraph,  telephone  or  electric  light  company  without  ascertain- 
ing whether  the  persons  selling  or  delivering  the  same  has  a  right  so 
to  do,  is  punishable  by  imprisonment  for  not  more  than  five  years. 
It  is  unlawful  to  open,  read  or  publish  a  sealed  letter,  telegram 
or  i^rivate  paper  and  the  person  so  doing  is  guilty  of  a  misdemeanor. 


Compilation  of  Statutes.  215 

It  is  unlawful  for  a  person  to  wrongfully  obtain  any  knowledge  of 
a  telegraph  or  telephone  message  or  to  divulge  the  same  and  the 
violation  of  the  above  is  punishable  by  a  fine  of  not  more  than 
$1,000  or  imprisonment  of  not  more  than  two  years,  or  both. 

Whoever  gives,  offers  or  promises  to  any  employee  any  gift  or 
gratuity  without  the  knowledge  or  consent  of  the  employer  with 
intent  to  influence  an  employee's  action  in  relation  to  his  master's 
business  or  any  employee  who  requests  or  accepts  the  gift  or  gratu- 
ity with  an  understanding  that  he  shall  act  in  any  particular 
manner  to  his  employer's  business  or  who  receives  a  discount  or 
bonus  from  the  person  making  the  sale  or  contract  of  material  to  his 
employer  and  any  person  who  gives  such  a  discount  or  bonus  is 
guilty  of  a  misdemeanor. 

Every  telegraph  and  telephone  company  shall  pay  each  employee 
the  wages  earned  by  the  employee  in  cash,  and  each  employee  shall 
be  paid  weekly  the  wages  earned  by  him,  but  at  not  more  than  six 
days  prior  to  the  date  of  such  payment.  jSTo  child  under  16  years 
of  age  shall  be  employed  in  any  ofEce  of  business  or  telegraph 
office,  or  in  the  distribution  or  transmission  of  merchandise  or  mes- 
sages more  than  fifty-four  hours  in  any  one  week  or  more  than  nine 
hours  in  any  one'  day  or  before  7  o'clock  in  the  morning  or  after  10 
o'clock  in  the  evening. 

VII.    LIMITATIONS    OF    TRADE    AND    COJIMERCE. 

Every  contract  or  combination  whereby  a  monopoly  in  the 
manufacture,  production,  or  sale  of  any  article  or  commodity  of 
common  use  is  or  may  be  created  or  maintained,  or  whereby  com- 
petition in  the  supply  or  price  of  any  such  commodity  is  or  may 
be  restrained  or  prevented,  or  whereby  for  the  purpose  of  creating 
or  maintaining  a  monopoly  of  the  manufacture,  production  or  sale 
of  any  such  commodity,  the  free  pursuit  in  this  State  of  any  lawful 
business  or  occupation,  is  or  may  be  restricted  or  prevented,  is 
hereby  declared  to  be  against  pubic  policy  and  illegal  and  void, 
and  every  person  or  corporation  attempting  to  make  such  agree- 
ment is  subject  to  a  penalty  of  not  exceeding  $5,000  or  for  im- 
prisonment for  not  more  than  one  year,  or  both. 

The  Attorney-General  may  bring  an  action  to  restrain  and  pre- 
vent the  doing  in  the  State  of  any  act  declared  to  be  illegal  and  may 
present  to  the  Supreme  Court  before  taking  the  action,  an  appHca- 


216  Telegraph  axd  Telephone  Companies. 

tion  for  an  order  decreeing  the  persons  therein  named  to  appear 
and  answer  questions  and  produce  papers  and  documents  relat- 
ing or  concerning  any  alleged  illegal  agreement.  The  order  shall 
be  granted  and  shall  require  the  witnesses  to  appear.  And  may 
require  the  person  to  be  examined  to  produce  all  books  and  docu- 
ments in  his  possession  relating  to  the  subject  of  such  examina- 
tion, 

Xo  domestic  corporation  and  no  foreign  corporation  in  business 
in  the  State  shall  combine  with  another  corporation  or  person  for 
the  creation  of  a  monopoly  or  for  the  restraint  of  trade  or  for  the 
prevention  of  competition  in  any  necessary  of  life. 

VII.    LEGISLATURE. 

Legislative  counsel  or  agents  shall,  before  entering  upon  ser- 
vice in  promoting  or  opposing  legislation,  file  Avith  the  Secretary  of 
State  a  writing  stating  by  whom  he  is  retained  or  employed.  The 
termination  of  such  employment  may  be  entered  in  the  record  of 
the  employment.  J^o  person  or  company  shall  retain  or  employ 
any  person  to  promote  or  oppose  legislation  for  a  compensation 
contingent  in  whole  or  in  part  upon  the  passage  or  defeat  of  any 
legislative  measure,  and  within  two  months  after 'the  adjournment 
of  the  Legislature,  each  employer  of  such  agent  or  counsel  shall 
file  in  the  office  of  the  Secretary  of  State,  a  statement  showing  in 
detail,  the  expenses  paid,  incurred  or  promised  directly  or  indi- 
rectly in  connection  wuth  such  Legislature,. together  with  an  item- 
ized statement  of  the  names  of  the  payees  and  the  amount  paid. 

The  Legislature  shall  every  year  assemble  on  the  first  Wednes- 
day in  January. 


COMPILATIOX    OF    StATUTKS.  2  IT 


OHIO. 


I.  CONSTITUTION. 

The  General  Assembly  shall  pass  no  special  act  conferring  cor- 
porate powers.  Counties,  cities  or  other  municipalities  shall  never 
be  authorized  to  become  a  stockholder  in  any  company  or  ta 
raise  money  for  or  loan  its  credit  to  or  in  aid  of  such  company  or 
association. 

No  right  of  way  shall  be  api)ropi-iated  to  the  use  of  any  company 
until  full  compensation  be  first  made  in  money  or  first  secured  by 
a  deposit  to  the  owner  irrespective  of  any  benefit  by  any  improve- 
ment proposed  by  any  such  company,  which  compensation  shall 
be  ascertained  by  a  jury  of  twelve  men  in  a  court  of  record. 

II.  CORPORATIONS. 

At  no  time  shall  the  amount  of  preferred  stock  exceed  two-thirds, 
of  the  actual  capital  paid  in  cash  or  property. 

Any  number  of  persons  not  less  than  five  and  a  majority  of 
whom  shall  be  citizens  of  the  State,  may  incorporate  and  the  cer- 
tificate of  incorporation  shall  be  filed  in  the  office  of  the  Secretary 
of  State.  And  the  persons  named  in  the  articles  of  incorporation 
shall  order  books  to  be  opened  for  subscription. 

Any  number  of  persons  not  less  than  five,  a  majority  of  whom 
must  be  citizens  of  the  State,  can  form  a  corporation,  and  shall 
execute  articles  of  incorporation,  and  where  the  organization  is 
for  the  ]nirposc  of  the  construction  of  an  improvement,  which  is  not 
to  be  located  at  a  single  place,  the  articles  of  incorporation  must 
set  forth  the  kind  of  improvement  intended  to  be  constructed  and 
the  termini  of  the  improvements  and  the  counties  in  or  through 
which  it  or  its  branches  shall  pass. 

The  articles  of  incorporation  must  be  acknowledged  and  filed 
in  the  ofiice  of  the  Secretary  of  State. 

The  incorporators  or  a  majority  shall  then  order  the  books  to 
be  opened  for  subscriptions  to  the  capital  stock  at  least  thirty  days*^ 
notice  of  which  shall  be  published,  and  as  soon  as  10  per  cent,  of 
the  capital  stock  is  subscril)ed  and  subscribers  shall  so  certify  to  the 


218  Telegraph  and  Telephone  Companies. 

Secretary  of  State,  who  shall  thereupon  give  notice  to  the  stock- 
holders to  meet  for  the  purpose  of  choosing  directors. 

Before  every  meeting  it  is  the  duty  of  the  officer  or  agent  of 
the  corporation  having  charge  of  its  stock  transfer,  to  make  under 
oath  a  list  of  the  stockholders  to  be  delivered  to  the  inspectors  of 
election. 

A  corporation  may  borrow  money  not  exceeding  the  amount  of 
its  capital  stock  and  issue  its  notes  or  coupons  or  registered  bonds 
therefor  and  may  secure  the  payment  by  a  mortgage  on  its  real 
and  personal  property,  and  a  private  corporation  may  acquire 
or  hold  shares  or  stock  in  any  other  company,  but  no  public  or 
private  corporation,  domestic  or  foreign,  can  form  any  trust  or 
combination  for  the  purpose  of  restricting  trade  or  competition. 

Each  domestic  coriDoration  shall  make  an  annual  statement  of 
its  condition  and  shall  furnish  each  stockholder  a  copy  thereof 
together  with  a  list  of  the  stockholders,  and  their  places  of  residence. 

!N^o  foreign  corporation  shall  do  business  in  the  State  without 
having  first  obtained  a  certificate  from  the  Secretary  of  State  and 
no  such  foreign  corporation  shall  maintain  any  action  upon  any 
contract  made  by  it  in  the  State  until  such  certificate  has  been 
procured  and  such  foreign  corporation  shall  file  in  the  office  of  the 
Secretary  of  State,  a  copy  of  its  charter  and  a  statement  setting 
forth  the  amount  of  stock,  its  business  or  jobs  which  it  is  engaged 
to  carry  on,  and  the  place  within  the  State  wdiich  is  to  be  its  prin- 
cipal place  of  business  and  designating  the  person  upon  whom 
process  may  be  served. 

Foreign  corporation  when  it  retires  from  business  in  the  State, 
is  required  to  file  with  the  Secretary  of  State,  a  certificate  to  that 
effect. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

A  telegraph  company  may  construct  lines  from  point  to  point 
along  the  public  roads  by  the  erection  of  fixtures,  poles  and  wires, 
but  so  as  not  to  incommode  the  public,  and  such  company  may 
construct,  own  and  maintain  any  lines  which  are  described  in 
its  original  articles  of  incorporation  or  in  and  where  the  same 
are  wholly  within  or  partly  without  the  limits  of  the  State,  and 
may  join  with  any  other  company  in  conducting  lines  or  main- 
taining such  lines  upon  such  terms  as  may  be  agreed  upon  and  such 


CoMPILATIOlSr    OF    STATUTES.  219 

companies  may  own  and  bold  any  interest  in  any  such  lines  or 
become  lessee  thereof,  but  it  shall  be  unlawful  for  any  such  com- 
pany and  the  owner  or  others  on  rights  of  way  to  contract  for  the 
exclusive  use  thereof  for  telegrlPphic  purposes. 

Any  such  company  may  enter  upon  land  and  may  appropriate 
so  much  thereof  as  may  be  necessary  for  the  erection  and  main- 
tenance of  its  poles  and  lines  of  wire. 

No  such  company  shall,  without  the  consent  of  the  owner  in 
writing,  enter  a  building  or  use  or  appropriate  any  part  thereof 
or  erect  any  pole  in  any  yard  or  enclosure  within  which  an  edifice 
is  situate  nor  erect  such  poles  and  fixtures  so  near  any  edifice  as  to 
occasion  injury  thereto  or  risk  of  iujury  in  case  such  pole  or  abut- 
ment or  wires  are  overthrown. 

Where  lines  sought  to  be  appropriated  for  telegraph  lines  are  held 
by  a  corporation,  the  right  of  a  company  to  appropriate  the  same 
shall  be  limited  to  such  use  of  the  line  appropriated  as  shall  not  in 
any  material  degree  interfere  with  the  contract  uses  to  which  the 
company  is  authorized  to  put  such  lines  in  its  charter  and  no  such 
company  shall  erect  poles  or  wires  or  fixtures  in  such  close  prox- 
imity to  an,y  other  line  of  telegraph  wires  allowed  by  law  to  be 
erected  as  to  interfere  with  the  moehauieal  or  practical  working  of 
such  telegraph. 

The  right  of  such  company  to  use  lines  held  by  railroad  com- 
panies are  limited  to  the  line  which  lies  within  five  feet  of  the 
outer  limits  of  the  right  of  way  of  the  railroad  company  where  it 
is  practical  to  erect  the  line  within  those  limits. 

Where  any  lines  are  subject  to  the  easement  of  a  highway  within 
any  city  or  village,  the  mode  of  use  shall  be  such  as  shall  be  agreed 
upon  between  the  municipal  authorities  and  the  company.  Xo  per- 
son shall  unlawfully  or  iiitoritioually  injure  or  destroy  any  of  such 
lines  or  fixtures  or  property  belonging  thereto  and  on  conviction 
shall  be  deemed  guilty  of  a  misdemeanor. 

Each  telegra]di  com]niny  shall  receive  despatches  from  every 
other  telegraph  line  and  from  or  for  any  individual  and  on  ])ayment 
of  the  charges  shall  transmit  the  same  with  impartiality  and  good 
faith  under  a  penalty  of  $100  for  each  neglect  or  refusal. 

Where  the  person  who  sends  a  despatch  desires  to  have  it  for- 
warded over  the  lines  of  other  t(d('graph  companies,  whose  termini 


220  Telegijaph  and  Telephone  Companies. 

is  within  the  limits  of  the  usual  delivery  of  such  companies  to- 
the  place  of  final  destination,  and  tenders  to  the  first  company  the 
amount  of  the  usual  charges  for  the  despatch  to  the  place  of  final 
delivery,  the  company  shall  receive  the  same  and  it  shall  pay  to  the 
succeeding  line  the  necessary  charges  for  the  remaining  distance, 
and  the  succeeding  line  shall  exact  the  same  and  forward  the 
despatch  in  the  same  manner  as  if  the  sender  had  applied  to  it  in 
person  and  paid  the  usual  charges,  and  for  the  omission  so  to  do, 
shall  be  liable  for  a  like  penalty  as  hereinbefore  provided. 

Agents  who  receive  despatches  shall  inform  the  applicant  and  if 
required  by  him  shall  write  upon  the  despatch  that  the  line  is  not  in 
working  order  or  that  the  despatches  on  hand  will  occupy  the  time 
so  that  the  one  offered  cannot  be  transmitted  within  the  time  re- 
quired if  the  facts  are  so,  and  every  omission  so  to  do  or  intention- 
ally giving  false  information,  the  company  shall  be  subject  to  a 
penalty  of  $100. 

No  company  shall  be  required  to  deliver  despatches  at  a  greater- 
distance  from  the  station  at  which  they  are  usually  received  than  its 
published  regulations  require,  and  if  an  applicant  shall  direct  the 
despatch  to  be  mailed  at  the  place  of  deliver}^  and  with  postage, 
the  company  shall  affix  the  necessary  stamp  and  mail  the  despatch 
in  time  for  the  first  mail  that  departs  after  such  despatch  is  re- 
ceived at  the  office  and  delivered,  and  for  every  omission  so  to  do 
be  subject  to  a  penalty  of  $100. 

Any  person  who  wilfully  divulges  the  contents  of  a  message 
entrusted  to  him  for  transmission,  or  neglects  or  refuses  to  trans- 
mit or  deliver  or  delays  the  delivery,  or  who  forges  the  name  of  the 
intended  receiver  to  any  receipt  for  such  message,  with  a  view  to 
injure,  deceive  or  defraud  the  sender  or  receiver  of  any  tele- 
gram or  massage  to  benefit  himself  or  any  other  person,  shall 
be  imprisoned  not  exceeding  tliroo  months,  or  fined  not  exceed- 
ing $500.  The  penalty  for  maliciously  breaking,  cutting  or 
tapping  or  reading  unlawfully,  by  the  use  of  telegraph  or  tele])hone 
instruments  or  otherwise,  any  message,  or  unlawfully  cut  or  taji  or 
making  unauthorized  use  of  the  same,  or  prevents  or  delays  the 
transmission  or  conveyance  of  the  same  or  wilful  injury  or  destruc- 
tion or  disconnection  or  grounding  so  as  to  interfere  with  any  of 
the  poles,  cables  or  wires,  or  the  uidawful  diversion  of  any  clectrie 


COMPILATIOX    OF    STATUTES.  221 

<»urrent  from  any  wire,  or  wilful  or  malicious  aid,  agreement,  em- 
ployment or  conspiracy  with  any  other  person  so  to  do,  is  a  felony 
and  punishable  by  a  fine  of  not  more  than  $5,000,  or  by  imprison- 
ment for  not  more  than  three  years. 

When  two  or  more  lines  are  not  run  parallel  or  in  competition, 
and  when  united  will  form  a  continuous  line  for  receiving  and 
transmitting  despatches  they  may  be  consolidated  into  a  single  cor- 
poration, subject  to  the  provisions  for  the  consolidation  of  railway 
companies. 

The  provisions  of  this  law  apply  to  any  company  organized  to 
construct  any  lines  of  telephone. 

Any  telegraph  or  telephone  corporation  in  any  city  may  con- 
struct and  maintain  underground  wires  and  fixtures  when  the 
consent  of  the  city  has  been  obtained  therefor,  and  it  shall  be 
unlawful  for  any  company  to  erect  telephone  or  telegraph  poles 
within  that  portion  of  any  city  where  subways  have  been  con- 
structed except  the  poles  required  for  distributing  wires,  and  all 
such  poles  shall  be  as  far  as  possible  located  in  alleys. 

All  companies  organized  for  supplying  electricity  for  lighting 
or  power  may  construct  its  lines  through  public  places  in  cities 
or  other  municipalities,  provided  that  all  their  wires  shall  be 
covered  with  a  waterproof  insulation,  and  so  arranged  as  not  to 
interfere  with  the  successful  operation  of  existing  telegraph  and 
telephone  wires.  Cities,  in  case  they  shall  not  construct  their 
own  systems  of  subways,  may  grant  to  any  person  or  company 
permission  and  authority  to  construct  and  operate  subways  and 
underground  conduits  and  appliances  subject  to  the  rules  and 
regulations  by  the  board  of  public  improvements  of  such  munici- 
palities, and  such  companies  or  persons  shall  be  subject  to  reason- 
able regulation  as  such  board  shall  make  concerning  the  construc- 
tion and  use  of  such  subways  or  conduits,  and  the  time,  manner, 
mode  of  placing  wires,  cables  or  electrical  conductors  therein 
and  no  such  grant  shall  be  made  until  the  board  shall  have  adver- 
tised for  bids  for  such  grant,  and  shall  not  be  made  except  to  the 
highest  bidder,  nor  have  the  compensation  to  the  city  less  than 
1  per  cent,  of  the  gross  proceeds  resulting  from  the  operation  of 
such  subways.  And  such  companies  shall  give  bond  for  the 
restoration  of  streets,  etc.,  to  their  original  state  and  to  keep  the 


222  Telegraph  and  Telepho>'e  Compakies. 

same  in  repair  to  the  satisfaction  of  the  board  of  public  improve- 
ments for  a  period  of  five  years  after  such  restoration. 

The  board  of  public  improvements  in  each  city  where  such  sub- 
ways are  to  be  constructed  shall  have  power  to  fix  the  rental  to  be 
charged  by  persons  or  companies  owning  or  operating  such  sub- 
ways for  the  use  and  occupation  thereof  by  electric  companies  or 
companies  using  or  supplying  electricity  for  any  purpose  and 
shall  estimate  the  same  upon  a  percentage  based  upon  the  amount 
invested  in  the  construction,  maintenance  and  operation  of  such 
subways  or  underground  conduits. 

Overhead  construction  of  telegraph  and  telephone  wires  cross- 
ing a  railroad  shall  be  placed  on  poles  not  less  than  twelve  inches 
in  diameter  at  the  bottom  and  not  less  than  six  inches  in  diameter 
at  the  top,  and  all  wires  shall  clear  the  top  of  the  rail  twenty-five 
feet ;  such  poles  shall  be  placed  in  the  earth  not  less  than  one- 
sixth  of  their  length,  and  double  cross-arms  shall  be  used.  All 
wires  shall  be  insulated  and  securely  fastened  to  both  cross-arms. 

In  case  of  accident  or  collision  between  railroad  trains  by 
reason  of  which  any  passenger  is  delayed  it  shall  be  unlawful  for 
any  telegraph  operator  at  place  on  the  line  of  the  railroad  to  fail, 
neglect  or  refuse  on  payment  of  the  usual  charge  to  receive  from 
any  person  or  delay  any  telegram  or  to  receive  or  to  send  the 
same  direct  to  the  person  and  point  designated  forthwith  and 
without  any  alteration  or  revision  or  approval  of  any  person,  and 
any  operator  failing  so  to  do  shall  be  fined  not  more  than  $500 
and  stand  committed  until  such  fine  and  the  costs  are  paid,  and  if 
such  violation  arose  from  observing  such  rule  of  his  employer,  his 
employer  shall  repay  to  him  such  fine  and  costs,  and  the  same  may 
be  recovered  in  civil  action. 

A  Commissioner  of  Railroads  and  Telegraphs  shall  be  ap- 
pointed by  the  Governor  and  any  person  or  company  not  comply- 
ing with  any  orders  of  such  Commissioner  shall  forfeit  and  pay 
a  penalty  of  $500  per  week  for  each  week  of  such  neglect  or 
refusal. 

It  is  the  duty  of  such  Commissioner  to  examine  into  any  mat- 
ter of  difference  between  the  citizens  of  the  State  and  any  corpora- 
tion operating  as  a  common  carrier  within  the  State  and  report  his 
findings  to  the  General  Assembly  or  to  the  Governor  if  the  As- 


Compilation  of  Statutes.  223 

sembly  be  not  in  session.  Each  company  shall  report  annually  a 
statement  of  its  affairs  under  oath  to  the  Commissioner,  and  shall 
give  to  such  Commissioner  a  list  of  the  names  of  each  stockholder 
and  number  of  shares  owned  and  jsost  office  address  of  such 
holders. 

The  expenses  of  the  Commissioner,  not  exceeding  $15,000, 
shall  be  borne  by  the  several  corporations  owning  or  operating 
railroads  within  the  State. 

Every  telegraph  comjDany  shall  make  rej)ort  of  the  business  of 
the  line  to  the  Commissioner  annually,  and  on  failure  so  to  do, 
the  company  owning  the  line  shall  forfeit  a  sum  not  exceeding 
$500,  and  a  like  penalty  for  every  thirty  days  thereafter;  and 
within  thirty  days  after  the  election  of  directors  a  report  shall  be 
made  to  such  Commissioner  of  Railroads  and  Telegraphs  giving 
a  list  of  such  officers  and  directors,  and  their  post  office  address. 

IV.    TAXATION. 

Any  person  or  company  engaged  in  the  business  of  transmitting 
to,  from,  through  or  in  the  State,  telegraph  messages,  shall  be 
deemed  a  telegraph  company,  and  any  such  person  or  company 
engaged  in  the  business  of  transmitting  to,  from,  through  or  in 
this  State  telephonic  messages  shall  be  deemed  a  telej)hone  com- 
pany. 

Each  such  company  shall  annually  file  a  statement  with  the 
State  Auditor  showing  its  name,  its  nature  and  under  the  laws  of 
what  States  organized,  the  location  of  its  principal  office,  the 
address  of  its  directors  and  officers,  and  of  its  chief  agent  or  chief 
officer,  the  number  of  shares  of  stock,  the  par  and  actual  value 
thereof,  a  detailed  statement  of  the  real  estate  held  within  the 
State,  its  location  and  assessed  value,  an  inventory  of  its  personal 
property,  where  situate,  and  the  value  of  the  real  estate  outside 
the  State,  the  value  of  the  personal  property  outside  the  State, 
and  length  of  its  lines,  both  within  and  without  the  State,  whether 
owned,  controlled  or  used,  leased  or  otherwise,  and  the  number 
of  miles  of  wire  in  each  taxation  district,  and  the  entire  gross 
receipts  of  the  company,  the  gross  receipts  for  the  year  from  what- 
ever source  derived  of  each  line  it  has  in  the  State,  and  the  total 
gross  receipts  of  the  company  in  the  State. 

The  State  Board  of  Assessors  and  Appraisers  consisting  of  the 
State  Auditor,   Treasurer   and   Attorney-General   shall   annually 


224  Telegraph  and  Telephone  Companies. 

assess  the  property  of  telegraph  and  telephone  companies,  and  in 
determining  the  value  of  the  property  shall  be  guided  by  the  value 
of  such  property  as  determined  by  the  value  of  the  entire  capital 
stock  and  such  other  evidence  as  will  enable  the  Board  to  arrive  at 
the  true  value  in  money  of  the  entire  property  of  said  company  in 
the  State  in  proportion  w^hieh  the  same  bears  to  the  entire  prop- 
erty of  the  company  as  determined  by  the  value  of  the  capital 
stock  and  the  other  evidences  and  rules.  In  the  event  of  a'  failure 
to  file  a  statement  such  company  shall  be  subject  to  a  penalty 
of  $500,  and  an  additional  penalty  of  $100  for  each  day's 
omission  thereafter.  The  Board  of  Assessors  and  Appraisers 
may  require  the  officers  or  agents  of  any  telegraph  or  telephone 
company  to  appear  or  produce  for  the  inspection  of  the  Board 
any  books  or  property  of  the  company  and  to  testify  touching 
any  matter  relating  to  the  business,  property  or  credits  of  such 
company,  and  in  case  of  his  failure  or  refusal  to  answer  such  ques- 
tions or  refusal  to  produce  such  property",  such  officer  shall  be 
guilty  of  a  misdemeanor. 

Such  State  Board  shall  report  to  the  State  Auditor  the  total 
value  of  the  property  of  such  companies  in  the  State  and  such 
Auditor  shall  deduct  from  such  total  value,  the  assessed  value  for 
taxation  of  any  real  estate  owned  by  such  company  in  the  State, 
and  after  taking  such  real  estate  values  such  Auditor  shall  propor- 
tion the  property  among  the  several  counties  through  or  in  which 
each  the  lines  of  telegraph  or  telephone  shall  run,  so  that  to  each 
county  shall  be  apportioned  such  part  of  the  entire  valuation  as 
will  equalize  the  relative  value  of  the  property  of  the  company 
therein  in  proportion  to  the  value  of  property  in  the  State,  and 
in  the  proportion  that  the  length  of  the  lines  of  wire  owned  by  the 
company  or  in  the  county  bears  to  the  whole  length  of  th6  line  ot 
wire  in  the  State,  and  the  county  auditor  on  receiving  such  appor- 
tionment shall  again  apportion  the  amount  therein  audited  among 
the  cities,  villages  and  other  tax  districts  after  the  same  method 
used  in  the  apportionment  of  the  values  in  the  State  among  the 
counties.  Every  telegraph  -and  telephone  company  shall  annualH 
file  with  the  State  Auditor  a  statement  showing  the  name  of  the 
company,  its  nature  and  under  what  laws  organized,  its  principal 
office,  the  name  and  post  office  address  of  its  officers,  directors  and 


Compilation  of  Statutes.  225 

manager,  and  entire  gross  receipts  for  the  year  next  preceding 
from  whatever  source  derived,  either  messages,  telephone  tolls, 
rentals  or  otherwise,  from  business  done  in  this  State,  through 
which  office  within  the  State,  and  the  total  gross  receipts  of  the 
company  for  such  period  from  business  done  within  the  State, 
including  the  company's  proportion  of  the  gross  receipts  for  busi- 
ness done  by  it  within  the  State  in  connection  with  other  com- 
panies. And  the  State  Board  of  Appraisers  and  Assessors  shall 
ascertain  the  gross  receipts  of  such  companies  and  shall  report  to 
the  State  Auditor  the  amount  of  the  gross  receipts  of  such  com- 
panies, and  the  Auditor  shall  annually  collect  and  charge  each 
telegraph  and  telephone  company  the  same  in  the  nature  of  an 
excise  tax  to  be  computed  by  taking  1  per  cent,  of  the  amount 
fixed  by  the  State  Board  of  Appraisers  and  Assessors,  as  the  gross 
receipts;  provided,  that  nothing  herein  contained  shall  exempt  any 
telegraph  or  telephone  company  from  the  assessment  and  taxation 
of  their  tangible  property  in  the  manner  provided  by  law,  and  if 
any  such  telegraph  or  telephone  company  fails  or  refuses  to  pay 
this  tax  during  the  month  of  J^ovember,  the  Auditor  of  State  shall 
add  to  such  tax  a  penalty  of  10  per  cent.,  and  shall  forthwith 
proceed  to  collect  the  same  in  the  manner  provided  by  law  for  the 
collection  of  taxes  by  county  treasurers. 

This  act  shall  not  be  construed  so  as  to  require  any  municipal 
corporation  within  the  State  to  make  any  return  or  pay  any  taxes 
under  any  provisions  of  this  act.  It  is  unlawful  to  act  as  agent 
or  to  perform  any  services  for  any  company  whose  taxes  re- 
main due  and  unpaid  for  a  period  of  twenty  days  after  the  time 
provided  by  law  for  such  payment,  and  any  person  so  doing  is 
guilty  of  a  misdemeanor  and  shall  be  fined  in  a  sum  not  to  exceed 
$500  or  punished  by  imprisonment,  and  fed  on  bread  and  water 
only  not  exceeding  thirty  days,  or  both,  at  the  discretion  of  the 
court;  and  after  default  any  railroad  company  which  shall 
directly  or  indirectly  convey  or  carry  for  such  defaulting  express, 
telephone  or  telegraph  or  insurance  company  any  money,  mer- 
chandise or  other  article,  or  transmit  any  telegraph  message  after 
having  notice  of  such  default  shall  for  each  offense  forfeit 
and  pay  a  sum  equal  to  such,  tax  due  and  unpaid  with  the 
Vol.   2  —  15 


226  Telegraph  and  Telephone  Companies. 

penalty  and  interest  thereon,  to  be  recovered  in  an  action  in  the 
name  of  the  State. 

All  municipal  corj^orations  shall  have  power  to  regulate  the 
construction  and  repair  of  wires,  poles,  equipments  for  generation 
and  application  of  electricity,  and  to  regulate  the  use  of  streets. 

V.  CRIMES  AND  PENALTIES. 

Any  person  engaged  either  for  himself  or  as  employee  of  a 
firm,  person  or  company  doing  business  wholly  or  partly  in  the 
State  as  receivers  and  transmitters  by  telegraph  or  telephone,  who 
shall  enter  upon  or  into  the  premises  or  building  of  another  for 
the  purpose  of  constructing,  altering,  repairing  or  examining  the 
wires,  poles  or  appurtenances  belonging  to  such  person  or  firm, 
without  the  written  consent  of  the  owner  or  agent  of  the  premises, 
or  who  shall  attach  thereto  poles,  wire  or  appendages  without  such 
consent,  shall  be  fined  not  more  than  $100. 

In  all  engagements  to  labor  in  any  mechanical,  manufacture  or 
mining  business,  a  day's  work,  when  the  contract  is  silent  on  the 
subject  or  where  there  is  no  express  contract,  shall  consist  of  eight 
hours. 

No  child  under  the  age  of  fourteen  years  shall  bo  emj)loyed  as 
messenger  whether  for  compensation  or  otherwise,  when  public 
schools  in  which  district  such  child  resides  are  in  session.  It  is 
unlawful  to  prevent  any  employee  from  joining  a  labor  organiza- 
tion. 

« 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

A  trust  is  a  combination  of  capital,  skill  or  acts  by  two  or  more 
persons,  firms  or  companies,  or  any  two  or  more  of  them,  for 
either,  any  or  all  of  the  following  purposes : 

To  create  or  carry  out  restrictions  in  trade  or  commerce,  or  to 
limit  or  reduce  the  production,  or  increase  or  reduce  the  price  of 
merchandise  or  any  commodities,  or  to  prevent  competition  in 
manufacture,  making,  transportation,  sale  or  purchase  of  mer- 
chandise produced  or  any  commodity,  or  to  fix  at  any  standard  or 
figure  whereby  its  price  to  the  public  or  consumption  would  be  in 
any  manner  controlled  or  established,  any  article  or  piece  of  mer- 
chandise, produce  or  commerce  intended  for  the  sale,  barter  or 
use  or  consumption  in  this  State,  to  make  or  enter  into  or  execute 


CoMPiLATiox  or  Statutes.  227 

or  carry  out  any  contract  or  agreement  of  any  kind  by  which  they 
shall  bind  or  have  bound  themselves  to  sell,  distribute,  or  shall 
transport  any  article  or  commodity  or  any  article  of  trade,  use, 
merchandise,  commerce  or  consumption  below  any  common  stan- 
dard figure  or  fix  the  value  or  by  which  they  shall  agree  in  any 
way  to  keep  the  price  of  such  article,  commodity  or  transporta- 
tion at  a  fixed  or  graduated  figure,  or  by  which  they  shall  in  any 
manner  establish  or  fix  the  price  of  any  article,  commodity  or 
transportation  between  themselves  or  themselves  and  others  so  as 
to  directly  or  indirectly  obstruct  the  free  and  unrestricted  com- 
petition among  themselves  or  any  purchasers  or  consumers  in  the 
sale  or  transportation  of  any  such  article  or  commodity,  they  shall 
agree  to  pool,  combine  or  unite  any  interests  that  they  may  have 
connected  with  the  sale,  transportation  of  any  such  article  or 
commodity  that  its  price  may  in  any  way  be  affected. 

Such  trust  as  herein  defined  is  declared  to  be  against  public 
policy  and  for  a  violation  of  any  of  the  foregoing  provisions  it  is 
the  duty  of  the  Attorney-General  or  the  prosecuting  attorney  of 
the  proper  county  to  institute  actions  or  quo  warranto  proceedings 
in  any  of  the  counties  in  the  State  where  such  corporation  or  asso- 
ciation exists,  does  business  or  has  a  domicile.  Any  foreign  cor- 
poration exercising  any  of  the  powers  or  functions  of  a  corporation 
in  the  State  violating  any  of  the  foregoing  provisions  is  denied 
the  right  and  prohibited  from  doing  any  business  in  the  State. 

Any  violation  of  any  of  the  provisions  of  this  act  shall  be  and 
are  declared  a  conspiracy  against  trade  and  any  person  acknowl- 
edging any  such  conspiracy,  or  who  shall  aid  or  advise  its  com- 
mission, or  who  as  a  member  or  agent  shal],  knowingly,  carry  out 
any  of  the  stipulations,  purposes,  price  rates,  or  furnishing  any 
information  to  assist  to  carry  out  such  purpose  or  orders  there- 
under or  in  pursuance  thereof,  shall  be  punished  by  fine  of  $5,000 
or  imprisonment  not  more  than  one  year,  or  both. 

In  any  prosecutions  under  the  act  it  shall  be  sufficient  to  prove 
that  a  trust  or  combination  as  defined  herein  exists  and  that  the 
defendant  belongs  to  it,  or  acted  for  or  in  connection  with  it 
without  proving  all  the  members  belonging  to  it  or  proving  or  pro- 
ducing any  article  of  agreement  or  any  written  instrument  on 
which  it  may  have  been  based,  or  that  it  was  evidenced  by  any 
written  instrument  at  all,  the  character  of  the  trust  or  combination 


228  Telegkaph  and  Telephoxe  Compajsties. 

alleged  may  be  established  by  proof  of  its  general  reputation  as  to 
such. 

Any  act,  contract  or  agreement  in  violation  of  the  provisions  of 
this  act  shall  be  void  and  not  enforceable.  It  is  unlawful  for  any 
person  or  company,  or  any  agent,  to  issue  or  own  trust  certificates 
or  to  enter  into  any  combination  or  agreement  with  any  corpora- 
tion or  person  or  any  stockholder  or  director  thereof,  the  purpose 
and  eifect  of  which  combination  or  agreement  shall  be  to  place 
the  management  or  control  of  such  combination  or  the  manufac- 
tured product  thereof  in  the  hands  of  any  society  with  the  intent 
to  limit  or  fix  the  price  or  lessen  the  production  or  sale  of  any 
article  of  commerce  or  production,  or  prevent  or  restrict  the  manu- 
facture or  output  of  such  article,  and  any  person  or  company 
entering  into  any  such  combination  or  agreement  shall  be  deemed 
guilty  of  a  misdemeanor.  In  addition  to  the  other  provisions,  any 
person  who  shall  be  injured  in  his  business  or  property  by  any 
person  or  company  by  reason  of  anything  forbidden  or  declared 
to  be  unlawful  herein  may  sue  therefor,  in  any  court  having 
jurisdiction  in  the  county  where  the  defendant  resides  or  is  found, 
without  respect  to  the  amount  in  controversy,  and  to  recover  two- 
fold the  damages  to  him  sustained  with  the  cost  of  the  action,  and 
whenever  it  shall  appear  to  the  court  before  which  any  proceeding 
in  this  act  may  be  pending  that  the  interest  of  justice  require  that 
other  parties  shall  be  brought  before  the  court,  the  court  may 
cause  them  to  be  made  parties  defendant  and  summon  them. 
whether  they  resided  in  the  county  Avhere  the  action  happened  or 
not.  The  person  or  persons  in  this  act  include  corporations  and 
partnerships  and  associations  existing  in  or  authorized  by  the 
State  of  Ohio  or  any  other  State  or  any  foreign  country. 

VII.    LEGISLATURE. 

The  sessions  of  the  General  Assembly  shall  be  held  biennially. 


Compilation  of  Statutes.  229 


OKLAHOMA. 


a.    CONSTITUTION. 

Private  property  shall  not  be  taken  or  damaged  for  private  use, 
with  or  without  compensation,  unless  by  consent  of  the  owner, 
except  for  private  ways  of  necessity,  or  for  drains  and  ditches 
across  lands  of  others  for  agricultural,  mining  or  sanitary  pur- 
poses and  in  such  manner  as  may  be  prescribed  by  law.  Private 
property  shall  not  be  taken  or  damaged  for  public  use  without  just 
compensation,  which,  irrespective  of  any  benefit  from  any  improve- 
ment proposed,  shall  be  ascertained  by  a  board  of  commissioners 
of  not  less  than  three  freeholders  in  such  manner  as  may  be  pre- 
scribed by  law,  and  until  the  compensation  is  paid  to  the  owner 
or  into  court,  the  property  shall  not  be  disturbed  or  the  pro- 
prietary rights  of  the  owner  divested.  The  fee  of  land  taken  by 
common  carriers  for  right  of  way,  without  the  owner's  consent, 
shall  remain  in  such  owner  subject  only  to  the  use  for  which  it 
is  taken. 

The  records  of  all  corporations  shall  be  at  all  times  liable  and 
subject  to  the  full  visitorial  and  inquisitorial  powers  of  the  State. 

Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a 
free  government  and  shall  never  be  allowed. 

The  people  reserve  to  themselves  the  power  to  propose  laws 
and  amendments  to  the  Constitution  and  to  enact  or  reject  the 
same  at  the  polls,  independent  of  the  Legislature,  and  also  reserve 
power  at  their  own  option  to  approve  or  reject  at  the  polls  any 
act  of  the  Legislature.  Eight  ])or  cent,  of  the  legal  voters  have 
the  right  to  propose  any  legislative  measure  and  15  per  cent. 
have  the  right  to  propose  amendments  to  the  Constitution. 

The  referendum  may  bo  ordered  (except  as  to  laws  necessary 
for  the  immediate  preservation  of  the  public  peace,  health  or 
safety),  either  by  petition  signed  by  5  per  centum  of  the  legal 
voters  or  by  the  Legislature,  as  other  bills  are  enacted.  Such 
referendum  petition  may  be  filed  against  parts  of  any  act  of  the 
Legislature. 


230  Telegkapii  axd  Telephone  Companies. 

The  veto  i")ower  of  the  Governor  shall  not  extend  to  measnres 
voted  on  hy  the  people. 

The  foregoing  powers  are  reserved  to  the  legal  voters  of  every 
connty  and  district  therein  as  to  all  local  legislation. 

The  Legislatnre  shall  define  what  is  an  nnlawfnl  combination, 
monopoly,  trnst,  act  or  agreement  in  restraiiit  of  trade  and  enact 
laws  to  pnnish  persons  engaged  in  any  nnlawfnl  combination, 
monopoly,  trnst,  act  or  agreement  in  restraint  of  trade  or  com- 
posing any  snch  monopoly,  trust  or  combination. 

The  Legislatnre  shall  pass  no  law  granting  to  any  association, 
corporation  or  individual  any  exclusive  rights,  privileges  or 
immunities  within  the  State. 

Every  railroad,  oil  pipe,  car,  express,  telephone  or  telegraph 
corporation  or  association  organized  or  authorized  to  do  a  trans- 
portation or  transmission  business  under  the  laws  of  the  State 
shall  each  respectively  have  the  right  to  construct  and  operate  its 
lines  between  any  points  in  this  State,  and  as  such  to  connect 
at  the  State  line  with  like  lines,  and  every  such  company  shall 
have  the  right,  wdth  its  road  or  line,  to  intersect,  connect  with 
or  cross  any  railroad  or  such  line.  All  telephone  and  telegraph 
lines  operated  for  hire  shall  each  respectively  receive  and  trans- 
mit each  other's  messages  without  delay  or  discrimination  and 
make  physical  connections  with  each  other's  lines,  under  such 
rules  and  regulations  as  shall  be  prescribed  bv  law  or  by  anv 
commission  created  by  the  Constitution  or  any  act  of  the  Legis- 
lature. 

Every  railroad  or  other  public  service  corporation  organized 
or  doing  business  in  the  State  shall  have  and  maintain  a  public 
office  or  place  in  the  State  for  the  transaction  of  its  business,  for 
keeping  records  of  its  stock,  subscribers  thereto,  transfers  thereof, 
amount  of  assets  and  liabilities,  names  and  residences  of  its  offi- 
cers. At  least  one  meeting  of  directors,  of  which  thirty  days' 
notice  must  be  given,  shall  be  held  annually  within  the  State. 

All  moveable  property,  of  a  public  corporation  shall  be  consid- 
ered personal  property,  and  its  real  and  personal  propert_y,  or  any 
part  thereof,  shall  be  liable  to  execution  and  sale,  and  no  laws 
shall  be  passed  exempting  such  property  therefrom. 

Xo  public  service  corporation  shall  consolidate  its  stock,  prop- 
erty or  franchises  with  or  lease,  purchase  or  control  the  works 


Compilation  of  Statutes.  231 

or  franchises  of  any  other  public  service  corporation  owning  or 
having  under  its  control  a  parallel  or  competing  line,  except  by 
legislative  enactment  upon  the  recommendation  of  the  Corpora- 
tion Commission,  provided  no  foreign  public  service  corporation 
shall  be  permitted  to  consolidate  with  or  purchase  or  control  any 
other  foreign  public  service  corporation  owTiing  or  having  under 
its  control  in  this  State  a  parallel  or  competing  line,  nor  shall  any 
officer  of  such  corporation  act  as  an  officer  of  any  other  corpora- 
tion owning  or  controlling  a  parallel  or  competing  line. 

Xo  domestic  transmission  or  transportation  company  shall  con- 
solidate by  private  or  judicial  sale  or  otherwise  with  any  like  for- 
eign company. 

Free  franks,  passes  and  tickets  and  transportation  are  pro- 
hibited. 

A  Corporation  Commission  is  created,  to  be  composed  of  three 
persons  to  be  elected,  whose  term  of  office  shall  be  six  years.  They 
shall  not  be  interested  in  any  manner  in  any  transportation  or 
transmission  corporation  or  in  their  securities.  The  commission 
shall  have  power  to  regulate  and  control  all  transmission  and 
transportation  companies  doing  business  in  the  State ;  to  correct 
abuses  and  prevent  unjust  discrimination  and  extortion  by  such 
•companies ;  shall  from  time  to  time  prescribe  and  enforce  against 
such  companies  such  rates,  charges  and  classifications  of  traffic 
and  rules  and  regulations  and  shall  require  them  to  establish  and 
maintain  all  such  public  service  facilities  and  conveniences  as 
may  be  reasonable  and  just;  may  alter  and  amend  such  rates  and 
regulations ;  have  right  to  examine  all  books  and  papers  of  all 
transmission  and  transportation  companies  doing  business  in  the 
State;  require  reports  therefrom.  Ten  days'  notice  of  proposed 
■change  in  rate  or  contemplated  change  in  rule  or  regulation  shall 
be  given  to  the  company  to  be  aflFected  and  opportunity  to  be 
•lieard  shall  be  had  and  of  any  proposed  general  change  at  least 
four  weeks'  notice  shall  be  given  by  publication  and  time  and 
place  specified  for  hearing  objections  thereto.  The  authority  of 
the  commission  (subject  to  review  by  the  court  on  appeal)  to  pre- 
scribe rates,  changes  and  classifications  of  traffic  shall  be  para- 
mount. 

The  right  of  any  municipality  to  prescribe  rules,  regulations 
and  rates  of  charge  in  connection  with  services  performed  by  a 


232'  Telegraph  and  Telephone  Companies. 

public  service  corporation  under  any  municipal  franchise,  so  far 
as  the  services  shall  be  wholly  within  such  municipality,  is  not 
hereby  affected. 

Failure  to  obey  any  valid  order  of  the  commission  within  a  rea- 
sonable time,  not  less  than  ten  days,  is  punishable  by  a  fine  not  to 
exceed  $500,  and  each  day's  failure  or  refusal  shall  be  a  separate 
offense. 

Appeal  may  be  taken  by  the  company  affected  to  the  Supreme 
Court.  When  the  court  reverses  an  order  of  the  commission  it 
shall  at  the  same  time  substitute  therefor  such  orders  as  in  its 
opinion  the  commission  should  have  made,  which  order  shall 
have  the  force  and  effect  as  if  it  had  been  entered  by  the  commis- 
sion at  the  time  the  original  order  appealed  from  was  entered. 
The  commission  shall  ascertain  and  enter  as  a  public  record  the 
amount  of  money  expended  in  construction  and  equipment  per 
mile  of  every  railroad  and  other  public  service  corporation  in  the 
State,  expenditures  for  rights  of  way,  amount  required  for  recon- 
struction and  replacement,  outstanding  obligations,  to  whom  and 
for  what  issued,  by  whom  held. 

'No  transportation  or  transmission  company  shall  charge  or 
receive  any  greater  compensation  in  the  aggregate  for  transport- 
ing the  same  class  of  passengers  or  property  or  for  transmitting 
the  same  class  of  messages  over  a  shorter  than  a  longer  distance 
along  the  same  line  and  in  the  same  direction,  the  shorter  being 
included  in  the  longer  distance,  but  such  companies  are  not  author- 
ized to  receive  as  great  a  compensation  for  a  shorter  as  for  a 
longer  distance. 

No  foreign  corporation  shall  be  entitled  to  the  benefit  of  the 
right  of  eminent  domain  until  it  shall  have  become  a  body  cor- 
porate, pursuant  to  the  laws  of  the  State. 

Every  corporation  shall,  before  doing  business,  file  in  the  office 
of  the  Corporation  Commission  a  list  of  its  stockholders,  officers, 
and  directors,  their  residences  and  amount  of  stock  held  by  each. 
Every  foreign  corporation  shall  desig-nate   an  agent  residing  in 
the  State  upon  whom  process  may  be  served. 

The  credit  of  the  State  or  of  any  municipality  thereof  shall  not 
be  given,  pledged  or  loaned  to  any  company  or  individual,  nor 
shall  it  or  they  become  a  stockholder  in  or  make  donation  by  gift,, 
by  tax  or  otherwise  to  any  such  company. 


Compilation  of  Statutes.  233 

The  State  Board  of  Equalization  shall  assess  all  public  service 
■corporation  properly. 

Xo  municipality  shall  grant  or  renew  a  franchise  Avithout  the 
approval  of  a  majority  of  the  qualified  electors  residing  within  its 
limits  who  shall  vote  thereon  at  a  sj)ecial  or  general  election,  and 
no  exclusive  franchise  shall  ever  be  granted. 

ft.    STATUTES. 

A  carrier  of  messages  must  deliver  them  at  any  place  to  which 
they  are  addressed  or  to  the  persons  for  whom  they  are  intended, 
must  use  great  care  and  diligence  in  the  transmission  and  delivery 
of  messages  and  a  carrier  by  telegraph  must  use  the  utmost  dili- 
gence therein. 

The  liability  of  a  common  carrier  cannot  be  limited  by  general 
notice  on  his  part,  but  may  be  limited  by  special  contract.  Mes- 
sages must  be  transmitted  in  order  of  their  receipt,  except  public 
messages  of  the  United  States  or  State,  messages  for  publication, 
messages  giving  information  relative  to  sickness  or  death  of  any 
person.  Every  person  whose  message  is  postponed  or  refused  is 
■entitled  to  recover  his  actual  damage  and  $50  in  addition  thereto. 

All  agents  for  telegraph  or  telephone  companies  are  prohibited 
from  knowingly  charging  or  collecting  any  excess  over  the  regular 
rate.  The  schedule  of  rates  shall  be  kept  open  for  public  inspec- 
tion in  every  office.  The  penalty  for  overcharge  is  a  fine  of  not 
more  than  $200,  and  that  for  concealing  schedule  is  a  fine  not 
exceeding  $500. 

Three  or  more  persons  may  form  a  corporation,  and  shall  exe- 
cute a  certificate  setting  forth  its  name,  purposes,  place  of  busi- 
ness, term,  directors,  stock,  its  division.  Such  certificate  shall  be 
subscribed  by  three  or  more  persons,  one-third  of  whom  must  be 
residents  of  this  State,  and  must  bo  filed  in  the  office  of  the  Sec- 
retary of  State,  who  shall  issue  a  certificate  under  the  seal  of  the 
State  of  such  filing.  Directors  shall  then  proceed  to  open  books 
for  stock  subscription.  Directors  of  corporations  for  profit  must 
be  stockholders. 

Every  foreign  corporation  shall  file  with  the  Secretary  of  State 
a  copy  of  its  charter,  appoint  an  agent,  who  shall  reside  at  the 
State  capital. 


234;  Telegeaph  axd  Telephone  Companies. 

Malicious  removal  of  or  injury  to  any  line  of  telegraph  or 
appurtenances  or  apparatus  thereof  or  intercepting  messages 
passing  thereover  is  a  misdemeanor. 

Every  public  service  corporation  shall  file  with  the  Auditor 
the  amount  of  its  capital,  amount  paid,  shares,  holders,  description 
and  value  of  its  real  and  personal  property,  amount  of  invested 
capital,  and  its  surplus  and  undivided  profits,  length  of  lines  in 
each  municipality,  total  number  of  wires  to  each  line  and  of  poles 
per  mile ;  instruments  in  each  municipality,  amount  of  ofiice  fur- 
niture, tools,  materials. 

Failure  to  file  schedule  subjects  company  to  penalty  of  $5,000. 

The  State  Board  of  Equalization,  after  valuation  and  assess- 
ment of  all  the  property  of  public  service  corporations,  shall  cause 
the  same  to  be  certified  by  the  State  Auditor  to  the  county  clerks, 
and  such  return  shall  show  the  various  portions  of  the  property 
located  and  taxable  in  each  municipality,  which  clerk  shall  certify 
to  each  such  municipal  subdivision  the  amount  of  property  as  so 
assessed  located  therein. 

Every  transportation  and  transmission  company  shall  also  annu- 
ally pay  to  the  State  Treasurer  a  tax  upon  its  gross  revenues  from 
business  done  in  the  State.  The  rate  for  telegraph  companies 
shall  be  2  per  cent,  and  for  telephone  companies  l^/o  per  cent. 
The  penalty  for  delinquency  after  October  1st  in  each  year  is  an; 
interest  charge  of  18  per  cent,  per  annum. 

Every  act,  agreement,  contract  or  combination  in  the  form  of 
trust  or  otherwise,  or  conspiracy  in  restraint  of  trade  or  commerce 
within  the  State,  which  is  against  public  policy  is  declared  to  be 
illegal.  Any  person  injured  in  business  or  property  by  anything 
forbidden  or  declared  unlawful  shall  recover  threefold  the  dam- 
ages sustained,  costs  and  a  reasonable  attorney's  fee. 

Any  foreign  corporation  violating  this  act  shall  be  denied  the 
right  and  privilege  of  doing  business  in  the  State. 

It  shall  be  unlawful  for  any  person,  firm  or  company  engaged 
in  the  production,  manufacture,  distribution  or  sale  of  any  com- 
modity of  general  use  or  rendering  any  service  to  the  public  to 
discriminate  between  persons  or  companies,  or  communities  or 
cities  or  sections  of  the  State  by  selling  such  commodity  or  ren- 
dering such  service  at  a  lower  rate  in  one  section,  community  or 


Compilation  of  Statltks.  235 

city  than  another  or  at  the  same  rate  or  price  at  a  point  away 
from  that  of  production  or  niannfactnre  as  at  the  place  of  pro- 
duction or  manufacture,  after  making  due  allowance  for  the  dif- 
ference, if  any,  in  the  grade,  quantity  or  quality  and  in  the  actual 
cost  of  transportation  from  the  point  of  production  or  manufac- 
ture, if  the  effect  or  intent  thereof  is  to  establish  or  maintain  a 
virtual  monopoly  hindering  competition  or  restriction  of  trade. 
Violation  of  the  foregoing  by  any  person  or  by  an  officer  or 
employee  of  any  company  who  shall  carry  out  or  assist  to  carry 
out  any  such  purpose  is  punishable  by  a  fine  of  not  more  than 
$10,000  and  imprisonment  not  more  than  ten  years. 


236  Telegraph  axd  Telephone  Companies. 


OREGON. 


I.  CONSTITUTION. 

Corporations  must  be  formed  under  general  laws,  except  for 
municipal  purposes. 

II.  CORPORATIONS. 

The  stockholders  of  a  corporation  shall  be  liable  for  its  indebt- 
edness to  the  amount  of  their  stock  subscribed  and  unpaid  and  no 
more. 

Xo  personal  property  shall  be  taken  by  any  corporation  under 
authority  of  law  without  compensation  being  first  made  or 
secured. 

The  State  shall  not  subscribe  to  or  be  interested  in  the  stock 
of  any  company  or  corporation ;  nor  shall  any  municipality  by  a 
vote  of  its  citizens  or  otherwise  become  a  stockholder  in  any  com- 
pany or  raise  money  for  or  loan  its  credit  to  or  in  aid  of  any  such 
company  or  corporation. 

Private  property  shall  not  be  taken  for  public  use  without  just 
compensation. 

The  legislative  authority  is  vested  in  an  Assembly  consisting 
of  a  Senate  and  House  of  Representatives,  but  the  people  reserve 
the  power  to  jn-opose  laws  and  amendments  to  the  Constitution 
and  to  enact  or  reject  the  same  at  the  polls,  independent  of  the 
Legislative  Assembly,  and  also  reserve  power  at  their  own  option 
to  approve  or  reject  at  the  polls  any  act  of  the  Legislative  Assem- 
bly. The  first  power  reserved  by  the  people  is  the  initiative,  and 
not  more  than  8  per  cent,  of  the  legal  voters  shall  be  required  to 
propose  any  number  of  such  petitions,  and  every  petition  shall 
include  the  full  text  of  the  measure  proposed.*  Initiative  peti- 
tions shall  be  filed  with  the  Secretary  of  State  not  less  than  four 
months  before  the  election  at  which  they  are  to  be  voted  upon. 
The  second  power  is  the  referendum,  and  it  may  be  ordered 
(except  as  to  laws  necessary  for  the  immediate  preservation  of  the 
public  business,  health  or  safety)  either  by  the  petition  signed  by 
5  per  cent,  of  the  l(\aal  voters  or  by  the  Legislative  Assembly  as 


CoMPiLATiox  OF  Statutes.  237 

other  bills  are  enacted.  Referendum  petitions  shall  be  filed  ^vith 
the  Secretary  of  State  not  more  than  ninety  days  after  the  final 
adjournment  of  the  session  of  the  Legislative  Assembly  which 
passed  the  bill  of  which  the  referendum  is  demanded.  The  veto 
power  of  the  Governor  shall  not  extend  to  matters  referred  to 
the  people;  all  elections  of  measures  referred  to  the  people  shall 
be  had  at  the  annual  regular  elections,  excej)t  when  the  Legislative 
Assembly  shall  order  a  special  election.  Any  measure  referred 
to  the  people  shall  take  effect  and  become  a  law  with  its  approval 
by  a  majority  of  the  votes  cast  thereon  and  not  otherwise. 

Three  or  more  persons  may  incorporate,  and  they  shall  make 
and  subscribe  their  articles  of  incorporation  in  triplicate;  file  one 
Avith  the  Secretary  of  State,  the  other  with  the  clerk  of  the  county 
where  the  business  is  to  be  carried  on,  and  shall  retain  the  third 
in  the  corporation's  possession. 

Upon  making  and  filing  the  articles,  the  persons  subscribing 
the  same  are  incorporators  and  authorized  to  carry  into  effect  the 
objects  specified  in  the  articles. 

The  incorporators  are  authorized  to  open  books  and  receive  sub- 
scriptions to  the  capital  stock,  and  as  soon  as  such  stock  has  been 
subscribed  they  shall  give  notice  to  the  subscribers  to  meet  for 
the  purpose  of  electing  directors,  whose  number  shall  not  be  less 
than  three. 

A  majority  of  the  directors  shall  be  residents  of  the  State,  and 
no  person  is  eligible  to  the  office  of  director  unless  he  be  a  stock- 
holder and  ceasing  to  be  a  stockholder,  he  ceases  to  be  a  director. 
A  non-user,  for  one  year  from  the  time  of  filing  the  request  of 
incorporation  divests  the  company  of  its  corporate  powers,  and 
neglecting  and  ceasing  to  carry  on  business  for  a  period  of  six 
months  after  commencing,  its  corporate  powers  shall  cease. 

Every  corporation  shall  pay  an  organization  fee  graduated  in 
accordance  with  the  capital  stock,  and  shall,  if  they  are  either 
domestic  or  foreign  companies  doing  business  in  the  State,  fur- 
nish to  the  Secretary  of  State  annually  a  sworn  statement  setting 
for  the  name  of  the  company,  the  location  of  its  office,  the  names 
of  its  officers  with  their  post  office  addresses,  the  amount  of 
capital  stock  authorized,  subscribed,  issued  and  paid  up,  and  shall 
pay  an   annual  license  fee   in   proportion   to  the   amount  of  its 


238  Telegkaph  and  Telephojte  Ccmpakies. 

authorized  capital  stock,  and  the  Secretary  of  State  shall  then  file 
•with  the  State  Treasurer  a  statement  showing  the  amount  of 
license  fee  due,  which  must  be  paid  to  such  Treasurer  within 
thirty  days,  and  neglect  or  refusal  to  pay  such  license  fee  for  more 
than  twenty  days  thereafter  renders  the  company  liable  to  a  fine 
of  $100,  to  be  recovered  together  with  the  license  fee  due  by  an 
action  at  law  in  the  name  of  the  State. 

Such  annual  license  fee  shall  be  paid  in  advance  for  the  fiscal 
year  beginning  July  1st  of  each  year. 

Every  foreign  company  shall  file  a  declaration  and  pay  an 
entrance  fee,  and  shall  further  acknowledge  a  power  of  attorney 
appointing  a  qualified  person  a  citizen  a  resident  of  the  State  as 
attorney  upon  whom  service  of  all  process  can  be  made,  in  default 
of  which  it  shall  not  be  entitled  to  transact  any  business  in  the 
State  or  maintain  any  proceedings  in  its  courts.  Every  foreign 
corporation  shall  file  with  the  Secretary  of  State  written  declara- 
tion of  its  desire  to  engage  in  business  in  the  State,  and  set 
forth  its  name,  the  place  of  organization,  its  home  office,  the  date 
of  its  formation,  its  capital  stock,  the  nature  of  its  business,  its 
principal  office  wuthin  the  State,  and  the  name  of  its  attorney 
appointed  and  constituted  to  receive  service  of  process,  the  names 
and  addresses  of  its  officers  and  directors  and  its  agent  within  the 
3tate,  and  shall  set  forth  its  articles  of  incorporation.  ]Sro  cor- 
poration which  has  failed  to  pay  the  last  annual  license  fee  or 
any  other  tax  or  fee  which  shall  have  become  due  or  payable  against 
It,  shall  be  permitted  to  maintain  any  proceeding  in  any  court 
within  the  State  while  such  delinquency  so ,  continues,  and  the 
State  Treasurer  shall  furnish  the  Secretary  of  State  a  list  of  delin- 
quencies containing  the  names  of  the  corporations,  the  amount 
of  tax  or  license  fee  of  delinquents.  Such  list  shall  be  a  public 
record  and  while  such  delinquency  continues  the  right  of  such 
delinquent  company  to  transact  business  shall  be  deemed  to  be  in 
abeyance,  but  said  delinquency  shall  not  operate  to  impair  or 
delay  the  right  of  any  other  person,  firm  or  company,  and  a  plea 
of  such  delinquency  may  be  interposed  at  any  time  before  trial 
upon  the  merits  in  any  proceedings,  and  if  issue  be  joined  upon 
Buch  plea  the  same  shall  be  first  tried. 

Refusal  or  neglect  to  furnish  statements  or  pay  the  license  fees 

required  for  two  consecutive  years  shall  be  a  cause  for  dissolution 


Compilation  of  Statutes.  239 

and  such  company  shall  be  dissolved  and  all  powers  conferred 
upon  it  are  declared  inoperative  and  void  unless  the  Governor  shall 
grant  more  time  to  such  company  so  to  do. 

The  Secretary  of  State  shall  report  to  the  Governor  annually  a 
list  of  delinquent  corporations  for  the  preceding  two  years,  and 
the  Governor  shall  forthwith  issue  his  proclamation  declaring  such 
companies  dissolved,  and  any  attempt  to  exercise  any  power  under 
'  the  articles  of  incorporation  after  such  proclamation  is  a  misde- 
meanor. 

III.  TELEGRAPH  AXD  TELEPHONE  COMPANIES. 

The  right  and  privilege  is  granted  to  operate,  construct  and 
maintain  telegraph  and  telephone  lines  upon  public  highways  and 
waters  and  over  lands  of  private  individuals;  provided  that  the 
same  shall  not  apply  to  any  street  within  an  incorporated  city  or 
town  and  that  the  County  Court  of  the  counties  through  which 
such  line  shall  pass  shall  have  power  to  designate  the  location 
thereof  on  the  roads  and  highways  outside  the  cities  and  towns, 
provided  the  fixtures  shall  not  be  so  constructed  as  to  interfere  or 
obstruct  the  use  of  the  highway  or  street,  and  damages  must 
be  paid  for  the  use  of  private  lands,  and  such  companies  shall  have 
the  right  to  condemn  such  land,  not  exceeding  twenty-five  feet  in 
width,  as  may  be  necessary  and  convenient  for  its  purposes. 

Contracts  made  by  telegraph  shall  be  deemed  to  be  contracts  in 
writing  and  all  communications  sent  by  telegraph  and  signed  by 
the  person  sending  the  same  or  by  his  authority  shall  bo  deemed 
communications  in  writing.  Any  instnmient  in  writing  duly 
proved  so  as  to  be  entitled  to  record  may,  with  the  certificate  ol 
proof  or  acknowledgment,  be  sent  by  telegraph  and  the  telegraphic 
copy  thereof  shall  pnrna  facie  have  the  same  force  and  eifect,  and 
may  be  recorded  in  the  same  manner  and  with  like  effect  as  the 
original. 

Checks,  notes  and  all  orders  or  agreements  for  payment  or  deliv- 
ery of  money  may  be  made  or  drawn  by  telegraph  and  shall  have 
the  same  force  and  effect  to  charge  the  maker,  drawer,  endorser 
or  acceptor  thereof  and  shall  create  the  same  rights  and  equities 
in  favor  of  the  payee,  drawee,  endorser,  acceptor,  holder  or  bearer, 
and  shall  be  entitled  to  the  same  days  of  grace  as  if  duly  made  or 


240  Telegkapii  and  Telephone  Companies. 

drawn  or  delivered  in  writing,  but  it  shall  not  be  lawful  for  any 
person  other  than  the  maker  or  drawer  to  cause  any  such  instru- 
ment to  be  sent  by  telegraph  so  as  to  charge  any  person  thereby. 
Whenever  the  genuineness  or  execution  of  any  instrument  received 
by  telegraph  shall  be  denied  on  oath,  by  the  person  sought  to  be 
charged  thereby,  it  shall  be  incumbent  upon  the  party  claiming 
under  or  alleging  the  same  to  prove  the  existence  and  execution  of 
the  original  writing  from  which  such  telegraphic  copy  was  trans- 
mitted and  the  original  message  shall,  in  all  cases,  be  preserved  in 
the  telegraph  office  from  which  the  same  is  sent. 

Any  instrument  in  writing  certified  under  seal  may,  together 
with  the  certificate,  be  sent  by  telegraph,  and  the  telegraphic  copy 
thereof  shall  prima  facie  only  have  the  same  force  and  effect  and 
validity  in  all  respects  as  the  original  and  the  burden  of  j^roof 
shall  rest  with  the  party  denying  the  genuineness  or  due  execution 
of  the  original. 

A  warrant  of  arrest,  if  endorsed  by  the  magistrate  issuing  the 
same  authorizing  the  service  by  telegraph  may  be  sent  by  tele- 
graph to  any  officer  and  on  receipt  of  telegraphic  copy  thereof 
such  officer  shall  have  the  same  authority  as  if  the  original  war- 
rant of  arrest  with  proper  directions  for  its  service  endorsed 
thereon  had  been  placed  in  his  hands,  and  such  telegraphic  copy 
shall  be  entitled  to  full  faith  and  credit,  and  have  the  same  force 
and  effect  in  all  courts  and  places  as  the  original. 

Any  writ  or  court  order  and  all  papers  requiring  service  may 
be  transmitted  by  telegraph  for  service  and  the  telegraphic  copy 
so  transmitted  may  be  served  or  executed  and  returned  by  him, 
if  necessary,  in  the  same  manner  and  wath  the  same  force  and 
effect  as  the  original  might  be  if  delivered  to  him.  The  original 
writ  or  order  shall  also  be  filed  in  the  court  from  Avhich  it  was 
issued  and  a  certified  copy  thereof  shall  be  preserved  in  the  tele- 
graph office  from  which  it  was  sent. 

It  shall  be  the  duty  of  any  telegraph  company  to  transmit  all 
despatches  in  the  order  in  which  they  are  received,  under  penalty 
of  $100  to  be  recovered  with  costs  by  the  person  whose  despatch 
is  postponed  out  of  its  order,  provided  that  communications  from 
other  telegraph  lines  in  connection  with  lines  in  this  State  may 
have  precedence  over  all  ordinary  private  communications,   and 


COMPILATIOX    OF    STATUTES.  241 

provided  that  intelligence  of  general  and  public  interest  may  be 
transmitted  for  publication  out  of  its  order. 

IV.    TAXATION. 

The  real  estate  of  every  company  liable  to  taxation  shall  be 
assessed  for  the  county  in  which  the  same  shall  lie,  and  its  per- 
sonal property  is  liable  to  assessment  and  taxation,  and  shall  be 
assessed  in  the  name  of  such  company,  in  the  connty  where  the 
principal  office  or  place  of  business  of  such  company  is  located. 

The  mayor  and  aldermen  of  any  city  or  town  composing  the 
common  council  shall  have  the  power  to  allow  and  regulate  the 
erection  and  maintenance  of  poles  or  wires  for  telephone,  tele- 
graph, electric  light  or  other  purposes  on  the  public  streets  or 
highways  of  such  city  or  town  and  have  the  right  to  license,  regu- 
late or  control  any  lawful  business  carried  on  or  conducted  in  the 
corporate  limits  of  such  town  or  city. 

The  wilful  breaking  down,  injury  or  destruction  of  any  tele- 
graph or  telephone  wires  or  poles  is  punishable  by  imprisonment 
for  not  more  than  two  years  or  by  a  fine  of  not  more  than  $1,000. 
A  person  who  wilfully  or  maliciously  displaces,  interferes  with  or 
alters  or  destroys  any  line  of  wire  or  cable  belonging  or  apper- 
taining to  the  conducting  or  transmitting  of  electricity  for  any 
purpose  or  breaking,  tapping  or  making  connections  with  the  same 
or  who  aids  or  employs  any  person  to  do  so,  or  causes  the  same 
to  be  done,  is  punishable  by  imprisonment  for  not  more  than  one 
yeai  or  by  a  fine  of  not  more  than  $500.  An  officer  or  employee 
shall  not  divulge  the  contents  of  any  message  received  or  sent,  nor 
shall  he  wilfully  alter  the  same  so  as  to  materially  change  the 
sense  or  meaning  of  the  message  to  the  injury  of  the  person  send- 
ing the  same  or  receiving  it,  and  if  he  does  so  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  imprisonment  not  exceeding  one 
year  or  a  fine  of  not  exceeding  $1,000,  or  both.  jS^o  agent  or  em- 
ployee of  a  telegraph  company  shall  send  any  false  or  forged 
message  or  deliver  or  cause  to  be  delivered  to  any  person  any  mes- 
sage falsely  purporting  to  have  been  received,  nor  shall  any  per- 
son furnish  or  conspire  to  furnish  any  message  knowing  the  same 
to  be  false  or  forged  with  intent  to  deceive  or  defraud  any  indi- 
Yol.  2—16 


243  Telegr-^ph  and  Telephone  Companies. 

vidual,  and  if  he  shall  do  so  he  shall  be  punishable  by  a  fine  not 
exceeding  $1,000  or  imprisonment  not  exceeding  one  year,  or  both, 
x^o  employee  of  a  telegraph  company  shall  in  any  way  appropriate 
any  information  derived  by  him  from  any  private  message  pass- 
ing through  his  hands,  and  if  he  shall  so  do  or  turn  or  attempt  to 
turn  the  same  to  his  own  profit  or  advantage  shall  be  deemed  guilty 
of  a  misdemeanor  and  be  punished  by  fine  not  exceeding  $1,000 
or  by  imprisonment  not  exceeding  one  year,  or  both.  iN'o  person 
shall  without  authority  wilfully  or  unlawfully  open  any  sealed 
envelope  enclosing  a  telegraj)hic  message  addressed  to  another 
for  the  purpose  of  learning  its  contents,  nor  shall  fraudulently 
represent  any  person  and  thereby  procure  to  be  delivered  to  him 
any  message  addressed  to  such  other  person,  and  if  he  shall  so 
offend  shall  be  deemed  guilty  of  a  misdemeanor  and  be  punished 
by  fine  not  exceeding  $1,000  or  imprisonment  by  not  exceeding  one 
year. 

The  oflicers  of  any  telegraph  company  may  file  with  the  county 
clerk  in  which  the  principal  ofiice  is  situated  a  copy  of  a  printed 
blank  or  envelope  or  device  used  or  intended  to  be  used  by  such 
company  as  a  distinguishing  mark,  notice  or  indication  of  such 
business  and  thereupon  such  blank  envelope,  picture  or  device  shall 
become  the  property  of  such  company  and  it  shall  not  be  lawful  for 
any  person,  unless  by  employment  or  agreement  of  such  company, 
to  print,  publish  or  use  either  of  them  or  any  counterfeit  or  imita- 
tion thereof. 

No  child  under  14  years  of  age  shall  be  employed  in  the  tele- 
graph, telephone  or  public  messenger  service  nor  shall  such  child 
be  employed  in  any  work  for  wages  or  for  compensation,  to  whom- 
soever payable,  during  the  hours  when  the  public  schools  in  the 
district  in  which  he  or  she  shall  reside  are  in  session.  K"o  com- 
pany shall  black  list  or  publish  or  cause  to  be  published  the  name 
of  any  employee  discharged  by  such  company,  with  intent  and 
for  the  purpose  of  preventing  such  employee  from  engaging  in  or 
securing  similar  or  other  employment  from  any  other  company  or 
individual.  It  is  unlawful  for  any  person  by  threats,  intimidation 
or  coercion  to  prevent  or  attempt  to  prevent  or  to  delay  or  to 
attempt  to  delay  any  other  to  join,  belong  to  or  refrain  from  belong- 
ing to  any  labor  or  other  lawful  organization. 


Compilation  of  Statutes.  243 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

iN'o  statutes. 

VII.  LiEGISIiATURE. 

The  legislative  sessions  shall  be  held  biennially. 


244  Telegraph  and  Telephone  Companies. 


PENNSYLVANIA. 


I.    CONSTITUTION. 

jSTo  foreign  corporation  shall  do  any  business  in  the  State  with- 
out having  one  or  more  known  places  of  business,  and  an  author- 
ized agent  in  the  same  uj^on  whom  j^rocess  may  be  served. 

JSTo  corjDorati'on  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter,  nor  shall  it  take  or  hold  any 
real  estate  except  such  as  may  be  necessary  and  proper  for  its 
legitimate  business.  The  General  Assembly  shall  have  power  to 
alter,  revoke  or  annul  any  charter  of  incorporation  now  existing, 
or  which  may  be  injurious  to  the  citizens  of  the  Commonwealth  in 
such  manner  that  no  injustice  shall  be  done  to  the  incorporators. 

Any  association  or  corporation  organized  for  the  purpose,  or 
any  individual,  shall  have  the  right  to  construct  and  maintain 
lines  of  telegraph  within  the  State,  and  to  connect  the  same  with 
other  lines,  and  the  General  Assembly  shall  by  general  law  of 
uniform  operation  provide  reasonable  regulations  to  give  full 
eifect  to  this  section.  Xo  telegraph  company  shall  consolidate 
with  or  hold  a  controlling  interest  in  the  stock  or  bonds  of  any 
other  telegraph  company  owning  a  competing  line  or  acquire  by 
purchase  or  otherwise  any  other  competing  line  of  telegraph. 

MunicijDal  and  other  corporations  and  individuals  invested  with 
the  privilege  of  taking  private  property  for  public  use  shall  make 
just  compensation  for  the  property  taken,  injured  or  destroyed. 

The  General  Assembly  shall  not  authorize  any  county,  city, 
borough,  township  or  incorporated  district  to  become  a  stockholder 
in  any  company,  association  or  corporation,  or  to  obtain  or  appro- 
priate money  for  or  to  loan  its  credit  to  any  corporation,  associa- 
tion, institution  or  individual. 

The  General  Assembly  shall  not  pass  a  local  or  special  law 
creating  corporations  or  amending,  renewing  or  extending  their 
charters,  or  grant  to  any  corporation,  association  or  individual  any 
special  or  exclusive  privilege  or  immunity. 

II.    CORPORATIONS. 

Corporations  may  be  formed  by  the  voluntary  association  ot 
five  or  more  persons.      Such  corporation  may  be  formed  for  the  con- 


COMPILATIOX    OF    STATUTES.  245 

struction  and  maintenance  of  a  telegraph  line  or  also  for  the 
transaction  of  any  lawful  business  not  specifically  provided  for 
by  act  of  the  Assembly;  provided,  however,  no  corporation  shall 
be  chartered  with  the  authority  to  transact  more  than  one  kind  of 
business  -which  must  be  set  forth  in  its  charter. 

The  charter  of  an  intended  corporation  must  be  subscribed  by 
the  incorporators  who  must  bo  not  less  than  five,  and  three  of 
whom  must  be  citizens  of  the  Commonwealth,  and  shall  set  forth 
its  name,  purpose  of  formation,  place  of  its  business,  its  term, 
names  and  residences  of  the  subscribers,  its  directors  and  their 
names  and  residences,  the  capital  stock,  and  shall  set  forth  that 
10  per  cent,  of  the  capital  has  been  paid  in  cash  to  the  treasurer 
of  the  intended  corporation,  and  the  name  and  residence  of  such 
treasurer  shall  be  given. 

The  charter  shall  be  acknowledged  before  the  recorder  of  deeds 
of  the  county  in  which  the  general  operations  are  to  be  carried  on, 
and  the  certificate  with  proof  of  publication  shall  be  then  pro- 
duced to  the  Governor  who  shall  examine  the  same,  and  if  he 
approve  thereof,  shall  endorse  his  approval  thereon,  and  letters 
patent  shall  issue  in  the  usual  form  incorporating  the  subscribers 
into  a  body  corporate,  and  the  certificate  shall  be  recorded  in  the 
office  of  the  Secretary  of  the  Commonwealth,  and  shall  then  be 
recorded  in  the  office  of  the  recorder  of  deeds  in  the  chief  county 
where  the  operations  are  to  be  carried  on. 

Corporations,  either  domestic  or  foreign,  doing  business  in  the 
Commonwealth  shall  first  register  its  name,  date  of  incorporation, 
place  of  business,  names  of  its  officers  and  their  residences,  the 
amount  of  capital  stock,  the  amount  paid  in ;  shall  be  registered  in 
the  office  of  the  Auditor-General ;  upon  failure  so  to  do,  shall  be 
subject  to  penalty  of  $500. 

The  charters  of  incorporations  may  be  perpetual  or  limited. 
The  number  of  directors  shall  not  be  less  than  three. 

Where  a  company  has  been  incorporated,  a  majority  of  whose 
directors  or  stockholders  are  citizens  of  any  other  State,  said  cor- 
poration may  be  organized  and  all  the  meetings,  except  the  annual 
election,  may  be  held  in  such  place,  whether  in  the  State  or  else- 
where, as  the  majority  may  from  time  to  time  appoint. 

The  capital  stock  of  every  corporation  that  has  or  requires  a 
capital  stock  shall  consist  of  not  more  than  $1,000,000. 


246  Telegraph  and  Telephone  Companies. 

The  capital  stock  may  be  increased  or  diminished  and  the  par 
or  face  value  of  the  same  may  be  changed.  It  shall  be  lawful  for 
any  corporation  now  or  hereafter  organized  to  buy  or  own  the 
capital  stock  of  and  to  merge  its  corporate  rights,  powers  and 
privileges  with  and  into  those  of  any  other  corporation  so  that  all 
the  property  rights,  franchises  and  privileges  then  by  law  vested 
in  either  sliall  be  transferred  to  and  vested  in  the  corporation  into 
which  such  merger  shall  be  made,  provided  that  nothing  in  the 
act  shall  be  construed  so  as  to  permit  railroad,  canal  or  telegraph 
companies  which  own,  operate  or  in  any  way  control  parallel  or 
competing  roads,  canals  or  lines  to  merge  or  combine.  It  shall  be 
the  duty  of  the  Secretary  of  the  Commonwealth  every  two  years 
to  prepare  and  publish  in  a  separate  pamj^hlet  form  a  certified  list 
of  all  certificates  of  incorporation  filed  in  his  office,  and  he  shall 
prepare  and  publish  a  complete  alphabetical  index  of  the  same. 

jSTo  foreign  corporation  shall  do  auy  business  in  the  Common- 
wealth until  it  shall  have  established  an  office  and  appointed  an 
agent  for  the  transaction  of  its  business  therein,  nor  until  it  shall 
have  filed  in  the  office  of  the  Secretary  of  the  Commonwealth  a. 
statement  imder  seal  signed  by  its  president  and  Secretary  show- 
ing the  title  and  object  of  such  company,  the  location  of  its  offices 
and  the  name  of  its  authorized  agent  therein,  and  the  certificate  of 
the  Secretary  of  the  Commonwealth  under  seal  thereof,  and  the 
filing  of  such  statement  shall  be  preserved  for  public  inspection, 
by  each  of  such  agents  in  each  and  every  of  said  offices.  Upon 
failure  so  to  do  any  agent  shall  be  guilty  of  a  misdemeanor  and 
punishable  by  imprisonment  not  exceeding  thirty  days  or  by  fine 
not  exceeding  $1,000,  or  both.  I^o  corporation  other  than  such  as 
shall  have  been  incorporated  under  the  laws  of  this  State,  nor 
shall  any  foreign  government,  potentate  or  power  hereafter 
acquire  and  hold  auy  real  estate  within  this  Commonwealth 
directly  in  the  corporate  name  or  by  or  through  any  trustee  or 
other  device  whatsoever  unless  specially  authorized  to  hold  such 
property  by  the  laws  of  this  Commonwealth. 

Foreign  corporations  may  become  domestic  corporations  where 
three  or  more  of  the  stockholders  are  citizens  of  the  State,  by  pre- 
paring and  recording  a  certificate  giving  its  name,  purpose,  place 
of  business,  firm  name,  and  residence  of  stockholders,  number, 
name  and  residence  of  directors,  amount  of  capital  and  the  par 


Compilation  of  Statutes.  2i7 

value,  the  legisliition  under  which  it  was  originally  created,  its 
financial  condition,  showing  capital  stock  paid  in,  funded  and 
floating  debt,  estimated  value  of  property,  and  cash  assets,  if  any, 
and  shall  be  accompanied  by  a  certificate  showing  the  consent  of  a 
majority  in  interest  of  such  corporations  to  the  application  for  a 
charter  and  to  a  renounciation  of  its  original  charter  and  of  all 
privileges  not  enjoyed  by  corporations  of  this  class  under 
the  laws  of  this  Commonwealth.  This  certificate  shall  be  ac- 
knowledged before  the  recorder  of  deeds  in  the  county  in  which 
its  chief  operations  are  to  be  carried  on,  and  it  shall  then  be  pro- 
duced to  the  Governor  who  shall  examine  the  same,  and  if  he  shall 
approve  thereof  and  endorse  his  approval  thereon,  the  certificate 
shall  be  recorded  in  the  office  of  the  Secretary  of  the  Common- 
wealth, and  an  abstract  shall  be  forthwith  furnished  th6  Auditor- 
General,  and  the  certificate  with  its  endorsements  shall  be  then 
recorded  in  the  office  of  the  recorder  of  deeds  in  the  county  where 
the  chief  operations  are  to  be  carried  on.  Any  corporation  incor- 
porated under  .the  laws  of  any  other  State  doing  business  in  this 
State,  and  having  therein  one  or  more  knowm  places  of  business 
and  an  authorized  agent  upon  whom  process  may  be  served,  is 
authorized  and  empowered  to  purchase  in  its  corporate  name  at 
any  sheriff's  or  other  judicial  sale  any  real  estate  upon  which  such 
corporation  may  have  or  hold  any  mortgage,  judgment  or  lien, 
and  to  hold,  lease,  sell  and  convey  the  same  at  pleasure  to  any 
person  or  persons  or  corporation  whatsoever;  provided,  however, 
that  any  real  estate  or  purchase  as  aforesaid  shall  be  sold  and 
conveyed  within  ten  years  from  the  date  of  such  purchase. 

III.    TELEGRAPH  AXD  TEL/EPIIONE   COMPANIES. 

The  charter  for  the  incorporation  of  any  company  to  maintain  a 
telegraph  line  shall  also  state  the  general  route  of  the  line  of  tele- 
graph and  the  towns  to  be  connected,  and  such  corporation  shall  be 
authorized,  when  incorporated,  to  construct  lines  of  telegraph  and 
telephone  along,  under  and  upon  any  of  the  public  streets  or  high- 
ways or  across  or  under  any  of  the  waters  within  the  state,  and 
the  construction  of  the  necessary  fixtures,  Avires  and  poles  or  sub- 
ways shall  be  subject  to  the  reasonable  regulation  of  the  munici- 
pality through  which  it  passes,  and  they  shall  not  be  constructed 


248  Telegraph  and  Telephone  Compaxies. 

so  as  to  incommode  the  public  use  of  such  roads  or  highways  or 
interrupt  the  navigation  of  such  waters,  and  this  act  shall  not  be 
construed  so  as  to  authorize  the  construction  of  a  bridge  across 
anv  of  the  waters  of  the  State.  Such  telephonic  companies  shall 
have  the  right  to  connect  its  line  with  any  other  line  operating 
within  the  State,  and  it  shall  be  the  duty  of  any  company  owning 
any  other  telegraph  line  doing  business  within  the  State  to  permit 
such  connection  and  to  receive  despatches  from  and  for  other  tele- 
graj3h  lines  and  companies,  and  from  and  for  any  individuals,  on 
the  payment  of  their  usual  charges  to  individuals  for  transmitting 
despatches  as  established  by  the  rules  and  regulations  of  such  tele- 
graph line,  and  to  transmit  the  same  with  impartiality  and  good 
faith  under  the  penalty  of  $100  for  every  neglect  or  refusal  so  to 
do,  to  be  sued  for  as  a  debt,  and  to  be  recovered  with  the  costs  of 
the  suit  in  the  name  and  for  the  benefit  of  the  person  sending  or 
desiring  to  send  such  despatch. 

!N^o  such  telegraph  company  shall  be  consolidated  with  or  merged 
in  any  other  company  owning  a  competing  line,  nor  shall  the  stock 
or  bonds  of  any  such  telegraph  company  to  an  amount  sufficient  to 
control  the  same  be  held  or  owned  by  any  company  o^vning  a  com- 
peting line  of  telegraph,  nor  shall  any  company  OA\aiing  a  compet- 
ing line  acquire  by  purchase  or  otherwise  any  other  competing  line 
of  telegraph. 

The  charge  by  all  telegraph  companies  for  the  transmission  of 
any  despatch  shall  include  the  charge  for  the  delivery  thereof,  and 
no  extra  or  additional  charge  shall  be  made  for  such  delivery. 

Corporations  may  be  formed  for  the  purpose  of  constructing, 
maintaining  and  leasing  lines  of  telegraph  for  the  private  use  of 
individuals,  firms,  corporations,  municipal  and  otherwise,  for 
general  business  and  for  fire  alarm  or  messenger  business,  or  for 
the  transaction  of  any  business  in  which  electricity  for  or  through 
any  wires  may  be  applied  to  any  useful  purpose,  and  the  business 
of  such  company  may  be  partly  within  or  partly  without  the  limits 
of  any  city,  borough  or  township  in  the  State  or  partly  in  any  other 
State,  and  the  certificate  of  such  last-named  company  shall  state 
in  what  counties  of  the  State,  and  in  what  other  States  it  is  pro- 
posed to  carry  on  business ;  but  before  the  exercise  of  the  powers 
given  under  this  act,  application  shall  be  first  made  to  the  munici- 


COMPILATIOX    OF    STATUTES.  249 

pal  authorities  of  the  city,  town  or  borough  in  which  it  is  proposed 
to  exercise  such  powers,  for  permission  to  erect  poles  or  run  wires 
on  the  same  or  other  or  in  any  of  the  streets  of  such  city,  town  or 
borough,  which  permission  shall  be  given  by  ordinance  only,  and 
may  impose  such  conditions  and  regulations  as  the  municipal 
authorities  may  deem  necessary.  Whenever  any  telegraph  com- 
pany chartered  for  telegraph  purposes  and  owning  and  controlling 
a  telegraph  line  in  the  State  shall  consolidate  with  any  other  tele- 
graph company  owning  and  controlling  a  competing  line,  or  where 
such  company  shall  hold  a  controlling  interest  in  the  stock  or  bonds 
of  such  other  company,  or  shall  acquire  by  purchase  or  otherwise 
any  other  competing  line,  the  franchises  and  property,  the  com- 
peting line's  stocks  or  bonds  shall  be  forfeited  to  and  become  the 
property  of  the  Commonwealth,  which  forfeiture  may  be  decreed 
under  proceedings  quo  ivarmnto  in  any  court  of  common  pleas  of 
the  State;  provided,  that  any  holder  of  stocks  or  bonds  who  shall 
have  been  opposed  to  the  consolidation  or  sale,  or  shall  not  have 
assented  thereto  or  acquiesced  therein,  may  be  deemed  as  a  co- 
defendant  in  such  proceedings,  and  upon  proof  of  such  opposition 
or  want  of  consent  and  acquiescence  to  the  satisfaction  of  the 
court,  it  shall  be  lawful  for  the  court  to  so  mold  the  decree  as  to  be 
without  prejudice  to  the  right  of  such  innocent  stockholder  to  hold 
his  stock,  and  in  case  of  an  innocent  bondholder,  he  shall  be 
entitled  to  such  pro  rata  shares  of  the  sales  of  the  bonds  of  the 
corporation  as  his  bonds  shall  bear  to  sale;  the  amount  outstand- 
ing in  no  case  to  exceed  the  par  value  of  his  bonds  and  accrued 
interest  thereon. 

On  final  decree  of  forfeiture  the  Auditor-General  shall  sell 
properties  and  franchises  at  auction,  and  the  same  shall  be  sold 
to  the  highest  and  best  bidder  for  cash,  provided  that  no  corpora- 
tion or  company  owning  or  operating  a  competing  line  shall  become 
a  purchaser  at  such  sale.  The  courts  are  empowered  to  enforce 
the  provisions  of  the  Constitution  and  to  direct  any  officers  of  such 
companies  to  appear  and  produce  their  books  and  papers  and  to 
examine  them  upon  oath  to  ascertain  whether  they  or  any  of  them 
have  violated  the  provisions  of  this  act. 

The  purchaser  who  shall  have  purchased  from  the  Common- 
wealth any  telegraph  line  where  an  organization  is  effected,  and 
a  certificate  filed  as  required  herein,  shall  be  and  arc  hereby  con- 


::250  Telegraph  and  Telephone  Companies. 

stituted  a  body  politic  and  corporate,  and  shall  be  vested  witb  all 
the  right,  title  and  property  in  and  to  such  line,  with  its  appurte- 
nances and  all  the  rights,  powers,  immunities,  privileges  and 
franchises  of  said  corporation  owning  such  telegraph  lines;  and 
such  persons  for  or  on  whose  account  such  telegraj^h  line  shall  be 
purchased  shall  meet  within  thirty  days  after  the  delivery  of  the 
deed  from  the  Commonwealth  and  shall  organize  a  new  corpora- 
tion and  shall  adopt  a  corporate  name,  determine  the  amount  of 
its  stock,  and  shall  have  power  and  authority  to  make  and  issue 
■certificates  therefor  and  may  issue  bonds  to  any  amount  not  exceed- 
ing the  capital  stock ;  provided,  that  they  shall  within  three  months 
-after  the  delivery  of  the  deed,  make  a  certificate  under  seal  speci- 
fying the  date  of  organization,  the  name,  the  amount  of  capital, 
the  names  of  the  president  and  directors,  and  transmit  such  cer- 
tificate to  the  Secretary  of  State  to  be  filed  in  his  office  and  there 
i-emain  a  record. 

The  various  telegraph  companies  within  the  State  shall  be  re- 
'quired  to  forward  and  receive  over  their  lines  all  messages  that 
may  be  offered  for  transmission  by  individuals  or  company,  pro- 
vided that  the  parties  offering  such  messages  tender  for  the  trans- 
mission thereof  the  amount  of  the  usual  fee  for  such  transmission, 
and  in  case  of  a  refusal  or  neglect  on  the  part  of  any  agent  of  the 
line  to  send  or  receive,  in  their  regular  order,  such  messages  of 
telegraph,  such  companies  shall  be  liable  to  a  fine  of  $100  for  each 
and  every  message  so  refused  or  neglected,  to  be  sued  for  and 
recovered  before  any  justice  of  the  peace  of  the  Commonwealth  as 
debts  of  a  like  amount,  and  on  recovery  one-half  of  said  fine  shall 
go  to  the  State,  the  other  half  to  the  party  suing  for  the  same. 

It  shall  not  be  lawful  for  any  person  connected  with  any  line  of 
ielegraph  to  use  or  cause  to  be  used  or  made  known  the  contents  of 
:any  desi^atch  of  whatsoever  nature  which  may  be  sent  or  received 
■over  any  line  of  telegraph  in  the  Commonwealth  without  the  con- 
■sent  or  direction  of  either  of  the  parties  sending  or  receiving  the 
•same,  and  all  despatches  filed  at  any  place  for  transmission  shall 
l^e  transmitted  without  being  made  public  or  their  purport  divulged 
at  any  intermediate  point  on  any  pretense  whatsoever. 

It  shall  be  the  duty  of  all  agents  to  preserve  the  originals  of  all 
messages  sent  from  such  place  for  at  least  three  years  and  to  pro- 
duce the  same  evidence  whenever  duly  subpoenaed  so  to  do  by 


Compilation  of  Statutes.  251 

the  individuals,  or  counsel  of  the  individuals,  sending  or  receiving 
a  copy  of  such  message,  or  before  any  committee  of  the  Legislature, 
and  where  the  same  shall  be  decided  by  such  court  or  committee 
to  be  material  to  any  issue  or  matter  there  to  be  tried;  provided, 
that  confidential  communications  between  attorney  and  client  so 
transmitted  shall  in  no  case  be  divulged. 

In  all  cases  where  the  property  and  franchises  of  any  telegraph 
company  may  have  been  or  shall  be  purchased  at  any  sale  by  virtue 
of  any  process  or  decree  of  any  court  of  the  Commonwealth,  or^  in 
or  by  power  of  sale  contained  in  any  mortgage  or  trust  deed,  the 
persons  for  and  on  whose  account  the  same  may  be  purchased  shall 
have  power  and  authority  to  determine  the  amount  of  the  capital 
stock  to  be  issued  therefor,  and  to  issue  certificates  for  the  capital 
stock  and  also  bonds,  and  secure  the  same  by  mortgage  on  the  real 
and  personal  property,  corjiorate  rights  and  franchises  purchased. 

It  shall  be  lawful  for  any  telegraph  corporation  to  buy  and  own 
the  capital  stock  of  any  other  like  corporation,  and  to  acquire  and 
be  possessed  of,  own,  hold,  exercise  and  enjoy  all  the  franchise, 
property  rights  and  credits  held  or  exercised  by  the  vendor  cor- 
poration for  the  purpose  of  connecting  said  telephone  lines  into  a 
continuous  telephone  system ;  provided,  however,  that  the  provi- 
sions of  this  act  shall  not  apply  to  telephone  companies  operating 
or  owning  or  in  any  way  controlling  competing  lines. 

Such  acquisitions  shall  be  made  by  an  agreement  entered  into 
by  both  companies  and  submitting  the  same  to  the  stockholders, 
a  majority  of  whom  shall  approve  thereof;  the  capital  stock  of  the 
vendor  shall  be  existing  and  its  corporate  existence  terminate  and 
the  damage  to  any  stockholders  who  shall  be  dissatisfied  with  such 
acquisition  shall  be  appraised  by  three  disinterested  persons  whose 
award  shall  be  final  and  conclusive  by  the  court. 

Lapse  of  time  shall  not  raise  a  presumption  or  justify  a  pre- 
scription of  any  por])etual  right  to  the  attachment  or  extension  of 
wires  upon  or  over  or  under  any  l)uilding  or  land  where  the  tele- 
graph or  telephone  company  shall  have  erected  its  lines  along  any 
highway;  the  owner  of  the  adjoining  land  may  claim  damage  for 
the  erection  and  maintenance  of  such  line  by  the  cutting  of  trees 
where  planted  in  the  highway  or  on  enclosed  or  unenclosed  land 
adjoining  the  same  and  the  court  shall  appoint  three  impartial 
men  as  viewers  who  shall  perform  their  duties  and  assess  the 
damage  done,  and  shall  report  the  same  to  the  court. 


252  Telegkaph  and  Telephone  Companies. 

Telegraph  or  telephone  messages  shall  not  be  divulged  without 
the  consent  of  the  sender  or  receiver,  except  nothing  in  this  act 
shall  be  construed  so  as  to  prevent  the  publication  of  any  despatch 
of  a  public  nature  which  may  be  sent  by  any  person  or  persons 
with  a  view  to  general  publicity. 

Any  unauthorized  disclosure  of  a  message  shall  bo  deemed  a 
misdemeanor  and  the  persons  guilty  thereof  shall  be  subject  to  a 
fine  not  less  than  $100  or  imprisonment  not  exceeding  six  months, 
or  both. 

It  is  the  duty  of  each  telegraph  and  telephone  company  or  other 
corporation  owning  or  controlling  lines  or  works,  in  whole  or  in 
part  within  the  limits  of  the  State,  to  make  out  and  return  to  the 
Secretary  of  Internal  Affairs  a  report  embracing  the  operations 
and  affairs  of  the  company  during  the  fiscal  year,  together  with 
such  other  information  as  the  Secretary  shall  direct.  Such  report 
shall  cover  the  transactions  of  each  corporation  for  the  fiscal  year 
ending  on  the  30th  day  of  June  each  year,  and  shall  be  filed  in  the 
office  of  the  Secretary  of  Internal  Affairs,  who  shall  cause  the  same 
to  be  filed  in  the  Bureau  of  Railways  of  his  department  and  2:)ub- 
lished  in  book  form,  and  cause  copies  of  such  report  to  be  trans- 
mitted to  the  Governor  and  the  members  of  the  Legislature. 

Each  such  telegraph  and  telephone  company  operating,  owning 
or  controlling  lines  of  telephone  or  telegraph  located  in  whole  or  in 
part  in  Pennsylvania  that  shall  neglect  or  refuse  to  make  such 
report,  shall  be  liable  to  a  penalty  of  $5,000,  to  be  recovered  as 
debts  of  like  amounts  and  to  the  use  of  the  Commonwealth.  It 
shall  be  lawful  for  corporations  using  electrical  current  within  the 
Commonwealth  to  enter  into  contracts  with  each  other  for  the  use 
of  the  same  poles,  wires  and  conduits,  or  for  the  purchase  and  sale 
of  electrical  currents,  or  for  the  lease  and  operation  of  its  other 
systems  upon  such  conditions  as  they  may  agree  upon;  provided, 
nothing  in  this  act  shall  be  construed  to  give  any  company  any 
rights  to  erect  or  maintain  wires  or  conduits  upon  any  street  or 
road  not  already  so  occupied  unless  the  consent  of  the  local  authori- 
ties shall  have  first  been  obtained. 

IV.    TAXATION. 

It  shall  be  the  duty  of  the  president  or  treasurer  of  every  com- 
pany, domestic  or  foreign,  doing  business  in  and  liable  to  taxation 


Compilation  of  Statutes.  253 

within  the  Commoiiwealth  or  having  capital  or  property  employed 
or  used  therein,  to  make  a  report  in  writing  to  the  Auditor-General 
annually,  stating  the  authorized  capital,  number  of  shares  author- 
ized and  issued,  par  value  and  amount  paid  into  the  treasury, 
amount  of  capital  upon  which  dividends  have  been  declared,  and 
all  dividends  and  rate,  the  amount  of  gross  and  net  earnings,  the 
surj)lns  profit  added  to  the  sinking  fund,  the  highest  price  and  the 
average  price  of  sales  of  stock;  and  shall  pay  a  tax  at  the  rate  of 
five  mills  upon  each  dollar  of  the  actual  value  of  its  whole  capital 
of  all  kinds,  and  shall  pay  such  tax  to  the  Treasurer  of  the  Com- 
monwealth Avithin  thirty  days  from  the  date  of  settlement  of  the 
amount  of  tax  by  the  Auditor-General  and  State  Treasurer. 

Every  telephone  or  telegraph  company,  domestic  or  foreigii, 
doing  business  in  the  Commonwealth  shall  Y)i\\  to  the  State  Treas- 
urer a  tax  of  eight  mills  on  the  dollar  upon  the  gross  receipts  of 
such  company  upon  the  telegraph  and  telei:)hone  business  done 
wholly  in  the  State,  which  tax  shall  be  paid  semi-annually  on  the 
last  days  of  January  and  July,  and  the  Treasurer  or  other  officer 
of  such  company  shall  transmit  to  the  Auditor-General  a  state- 
ment under  oatli  of  the  gross  receipts  from  business  derived  from 
all  sources  and  of  the  gross  receipts  from  business  done  wholly 
within  the  State ;  provided,  if  the  works  of  one  company  are  leased 
to  and  operated  by  another,  the  tax  imposed  by  this  section  shall 
be  apportioned  between  such  companies  in  accordance  with  the 
terms  of  their  respective  agreements.  For  the  payment  of  such 
tax  the  Commonwealth  shall  first  look  to  the  company  operating 
the  lines. 

Every  city  of  the  second  class  shall  have  the  power  of  levying 
and  collecting  a  license  tax  to  be  fixed  by  ordinance  upon  all  and 
every  corporation,  company  or  individual  doing  business  in  the 
city,  payable  annually,  and  to  regulate  the  collection  of  the  same ; 
and  in  the  cities  of  the  third  class  such  license  tax  shall  not  exceed 
$100. 

V.    CRIMES  AND  PENALiTIES. 

Any  agent  transacting  any  business  within  the  State  for  any 
foreign  corporation  without  the  provisions  of  these  acts  being  com- 
plied with,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  imprisonment  not  exceeding  thirty  days  and  pay  a  fine  of  not 
exceeding  $1,000,  or  either. 


254  Telegraph  and  Telephone  Companies. 

Forgery  of  telegraphic  des^^atches  or  the  sending  of  the  same 
knowing  them  to  be  forged  or  false  or  counterfeit,  shall  be  a  mis- 
demeanor and  punishable  by  a  fine  of  not  exceeding  $500  and  im- 
prisonment not  exceeding  one  year.  It  shall  be  unlawful  to  break, 
injure  or  destroy  any  of  the  poles,  wires  or  fixtures  employed  in 
the  construction  of  any  telegraph  line  or  to  interfere  with  any 
structure  erected,  or  in  any  way  to  attempt  to  divert  from  its  uses 
or  make  use  of  electrical  current  for  the  purpose  of  communicating 
telegraphically  from  one  station  to  another  station  of  the  company 
or  connecting  line,  and  such  crime  is  punishable  by  a  fine  of  not 
exceeding  $500  or  imprisonment  not  exceeding  twelve  months, 
or  both. 

Stealing  or  attempting  to  steal  any  wire,  or  cutting  or  breaking 
the  same  with  intent  to  steal,  is  a  felony  and  punishable  by  a  fine 
not  exceeding  $500  or  imprisonment  not  exceeding  seven  years. 

It  shall  be  unlawful  for  any  person  to  wilfully  enter  upon  any 
land  where  the  owner  has  caused  to  be  permanently  posted  thereon 
notices  that  such  land  is  private  property  and  warning  all  persons 
from  trespassing  thereon.  The  penalty  for  such  crime  is  $10,  to- 
gether with  the  costs  of  prosecution,  to  be  recovered  before  any 
magistrate  or  justice  of  the  peace  as  a  fine  and  penalty,  and  in 
default  thereof  the  party  convicted  shall  be  committed  to  the 
county  jail  for  one  day  of  each  dollar  of  fine  imposed. 

Eight  hours  of  labor  shall  be  deemed  and  held  to  be  a  legal 
day's  work,  in  all  cases  of  labor  and  services  by  the  day  where 
there  is  no  contract  or  agreement  to  the  contrary. 

It  shall  be  lawful  for  all  classes  of  mechanics,  tradesmen,  and 
laborers  to  form  societies  and  associations  for  their  mutual  aid, 
benefit  and  direction,  and  be  able  to  meet,  disclose  and  establish 
all  necessary  by-laws,  rules  and  regulations  to  carry  out  the  same. 
Iso  child  under  fourteen  ^^ears  of  age  shall  be  employed  in  any 
establishment. 

VI.  liiailTATIONS  OF  TRADE  AND  COMMERCE. 

]S[o  statutes. 

VII.  LEGISLATURE. 

The  General  Assembly  shall  meet  on  the  first  Tuesday  of  Jan- 
uary every  second  year. 


COMPILATIOX    OF    STATUTES.  255- 


RHODE   ISLAND. 


I,  CONSTITUTION. 

Private  property  shall  not  be  taken  for  public  use  without  just 
compensation. 

The  General  Assembly  may  provide  by  general  law  for  the 
creation  and  control  of  corporations,  provided  that  no  corporation 
shall  be  created  with  the  power  to  exercise  the  power  of  eminent 
domain  or  to  acquire  franchise  in  the  streets  and  highways  of 
towns  and  cities,  except  by  special  act  of  the  General  Assembly 
upon  a  petition  for  the  same  as  may  be  required  by  it. 

II.  CORPORATIONS. 

Whenever  any  bill  shall  be  presented  to  either  house  of  the 
General  Assembly  to  create  a  corporation  which  shall  be  author- 
ized to  exercise  the  right  of  eminent  domain  or  which  shall  have 
the  right  to  acquire  franchises  for  the  streets  and  highways  of  any 
city  or  town,  notice  of  the  pendency  of  the  petition  for  the  passage 
of  such  bill  shall  be  given  by  the  petitioners  in  a  newspaper  pub- 
lished in  the  city  of  Providence  and  also  in  a  newspaper  published 
in  the  town  or  county  where  such  corporation  is  sought  to  be 
located  for  three  weeks  successively,  for  the  presentation  of  such 
bill  and  such  notice  shall  specify  the  purpose  of  the  corporation,, 
the  place  where  it  is  intended  to  be  established,  and  the  towns  or 
cities  where  such  right  is  to  be  exercised  or  such  franchises  are  to 
be  acquired. 

All  corporations  shall,  whenever  no  other  provision  is  specially 
made,  have  perpetual  succession.  Records  of  transfer  of  stock 
shall  be  made  and  kept  within  the  State,  and  the  recording  officer 
shall  be  a  resident  of  the  State,  and  each  company  shall  have  a 
place  of  business  within  the  State  and  shall  have  a  clerk,  treasurer 
or  other  agent  who  shall  reside  therein. 

Corporations  created  by  charter  shall  be  organized  within  two 
years  from  the  passage  of  their  respective  acts  of  incorporation. 

Failure  to  hold  the  annual  meeting  or  elect  officers  shall  not 
impair  the  existence  of  any  corporation. 


256  Telegraph  and  Telephone  Companies. 

Every  corporation  created  by  charter  shall  within  thirty  days 
after  organization  or  after  increase  of  its  capital  stock  shall  file  in 
the  office  of  the  Secretary  of  State  a  certificate  under  oath  of  its 
treasurer  setting  forth  the  name  of  the  corporation,  its  committee 
of  organization,  amount  of  capital  stock  actually  paid  in  upon  the 
same,  the  amount  of  increase  paid  in,  Avith  the  date  thereof,  the 
town  in  which  such  corporation  is  located,  and  the  name  and 
address  of  its  treasurer. 

Every  corporation  and  every  city  shall  pay  weekly  to  the  em- 
ployees engaged  in  its  business  the  wages  earned  by  them  to  within 
nine  days  of  the  date  of  such  payment  unless  prevented  by  inevit- 
able casualties.  Every  foreign  corporation  shall  appoint  by  writ- 
ten power  some  competent  resident  of  the  State  as  its  agent,  with 
authority  to  receive  service  of  all  process  against  the  company; 
such  designation  of  an  agent  shall  be  filed  with  the  Secretary  of 
State,  and  the  penalty  for  actiug  as  agent  or  officer  of  any  such 
foreign  company  unless  it  shall  have  appointed  an  attorney  for  the 
purpose  of  accepting  the  service  of  process  shall  be  a  fine  of 
$1,000. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Town  or  city  councils  may  grant  rights  and  franchises  in  the 
streets  and  highways,  and  such  grant  may  confer  exclusive  rights 
for  a  time  not  exceeding  twenty-fi^'e  years ;  provided,  that  no  grant 
or  exclusive  right  for  the  purpose  of  erecting,  constructing  or 
maintainiug  poles,  wires,  conduits  or  cables  or  other  apparatus  for 
operating  the  same  shall  be  made  by  any  city  or  town  wherein  at 
the  time  a  corporation  created  for  the  same  purpose  or  a  person 
duly  authorized  by  law  to  use  the  streets  for  such  purpose,  shall  be 
in  actual  use  and  enjoyment  of  such  rights,  except  to  such  cor- 
poration or  person  already  carrying  on  business  in  such  city  or 
town,  and  provided  that  whenever  in  any  such  city  or  town  more 
than  one  corporation  shall,  at  the  time,  be  in  actual  use  and  enjoy- 
ment of  portions  of  the  streets  and  highways,  no  exclusive  right 
shall  be  granted  to  either  without  the  consent  of  the  other. 

Every  corporation  which  shall  receive  exclusive  rights  shall 
make  return  to  the  town  or  city  treasurer  granting  the  franchise 
of  its  gross  earnings  and  shall  pay  to  such  officer  a  special  tax  at 
a  rate  not  exceeding  3  per  cent,  upon  such  gross  earnings  within 


COMriLATIOX    OF    STATUTES.  257 

said  town  or  city  in  such  year.  Such  taxes  are  payable  quarterly 
and  may  be  collected  by  the  city  treasurer  as  other  taxes  are  col- 
lectible. ISTo  company  which  shall  acquire  exclusive  rights  or 
franchise  hereunder,  shall  at  any  time  during  the  continuance 
thereof  charge  for  its  product,  wares  or  service  to  any  town  or  city, 
or  the  inhabitants  thereof,  any  greater  price  than  the  price  actually 
charged  by  it  at  the  time  of  granting  such  right  or  franchise. 

Corporations  enjoying  such  rights  shall  be  subject  to  reasonable 
rules  and  regulations  controlling  the  extent,  quality  and  construc- 
tion and  service  to  be  maintained  by  the  corporation  as  may  be 
from  time  to  time  enacted  by  the  town  or  city  council,  and  if  such 
regulation  or  enactment  shall  seem  to  such  company  to  be  unreason- 
able, such  company  within  thirty  days  after  the  same  has  been 
passed  may  file  its  petition  in  equity  in  the  Appellate  Division  of 
the  Supreme  Court,  applying  for  a  decision  of  the  question  if  such 
a  regulation  or  order  is  or  is  not  reasonable,  and  thereupon  such 
court,  after  notice,  shall  proceed  to  hear  and  determine  the  matter 
according  to  the  courts  of  equity,  and  their  decision  and  decree 
thereon  shall  be  final  and  binding. 

Xo  city  or  town  shall  make  any  charge  to  such  company  for  the 
use  of  its  streets  except  under  and  in  accordance  with  the  pro- 
visions of  this  chapter. 

Any  enjoyment  by  any  person  or  company  for  any  length  of 
time  of  the  privilege  of  maintaining  telegraph  or  telephone  lines 
or  poles  or  wires  upon  or  over  any  lands  or  buildings  of  other 
persons  or  companies  shall  thereby  confer  no  right  to  the  con- 
tinued enjoyment  of  such  easement  or  raise  any  presumption  of 
grant  thereof.  The  erection  of  any  electrical  apparatus  upon  pri- 
vate property  without  the  consent  of  the  owner,  or  on  shade  or 
ornamental  trees  except  by  direction  of  the  surveyor  of  highways, 
and  all  electrical  apparatus  shall  be  removed  from  private  prop- 
erty within  thirty  days  after  notice  in  writing  from  the  owner 
so  to  remove. 

V.    TAXATION. 

Every  telegraph  and  telephone  company  shall  annually  make 
return  to  the  State  Auditor  setting  forth  its  gross  receipts  derived 
from  its  busines'^  transacted  within  the  State  from  whatever  source 
Vol.  2  —  17 


258  TELEGK^iPII    AXD    TELEPHONE    COMPANIES. 

the  same  may  come,  aud  shall  pay  to  the  General  Treasurer  a  tax 
of  1  per  cent,  of  such  gross  earnings,  which  sum  shall  be  in  lieu  of 
all  other  taxes  upon  its  line  and  personal  estate  used  exclusively 
in  telegraphic  and  telephonic  business  within  the  State. 

If  the  required  return  be  not  made  within  twenty  days  after  the 
first  day  of  July,  the  officer  and  agent  neglecting  and  refusing  to 
make  the  same  shall  be  fined  not  exceeding  $5,000. 

If  the  tax  be  not  paid  within  thirty  days  after  it  becomes  due 
and  payable,  the  General  Treasurer  shall  apply  to  the  Appellate 
Division  of  the  Supreme  Court  by  petition ;  the  court  shall  appoint 
the  time  for  hearing  the  matters  therein  set  forth  and  shall  cause 
a  reasonable  notice  to  be  given  to  the  adverse  party  and  on  the 
return  thereof  shall  similarly  proceed  to  hear  the  party  and  if  it 
shall  determine  such  tax  due  and  payable,  and  if  it  has  not  been 
paid,  the  court  forthwith  shall  issue  execution  in  which  the  court 
officer  shall  be  commanded  to  attach  the  wires,  machines  and 
other  property  of  the  company  assessed  within  his  precinct,  and 
such  property  shall  be  advertised  and  sold  as  personal  property  is 
sold  and  taken  on  an  execution  in  law. 

Every  corporation  shall  pay  an  organization  tax  of  $100  and 
one-tenth  of  one  per  cent,  upon  any  amount  of  capital  stock  exceed- 
ing $100,000. 

Town  and  city  councils  may  make  ordinances  regulating  the 
erecting  and  maintaining  telegraph  and  other  wires  and  appurte- 
nances thereof  and  may  impose  penalties  for  the  violation  of  such 
regulations  or  ordinances. 

V.    CRIMES    AND    PENALTIES. 

Every  person  who  shall  surreptitiously  obtain  or  attempt  to 
obtain  the  contents  of  any  private  telegraph  message,  and  any 
employee  who  shall  disclose  the  contents  or  purport  thereof  to  a 
person  not  authorized  to  receive  the  same,  shall  be  fined  not  ex- 
ceeding $1,000. 

Every  person  who  shall  wilfully  and  maliciously  cut  or  destroy 
or  attempt  to  cut  or  destroy  any  electrical  wire  or  other  appliance 
or  apparatus  used  for  the  purpose  of  transmitting  intelligence  by 
telegraph  or  telephone  or  who  shall  cut,  break  down  or 
destroy  or  attempt  to  destroy  or  injure  any  pole  or  insulator  or 
other  appliance  for  supporting  or  carrying  any  such  wire,  or  shall 


Compilation  of  Statutes.  25*9 

do  any  act  interrupting  or  intended  to  interruj^t  the  transmission 
of  current  by  any  such  wire,  shall  be  liable  to  indictment,  and  upon 
conviction  shall  be  fined  not  exceeding  $3,000  or  imprisonment 
not  exceeding  two  years ;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  to  permit  the  attachment  or  use  or  opera- 
tion of  any  wires,  poles  or  other  apparatus  upon  the  property  of 
any  person  or  company  without  the  consent  of  the  owner  thereof, 
nor  to  prevent  any  person  properly  authorized  from  removing  any 
such  wire,  pole  or  apparatus  for  the  purpose  of  permitting  the 
passage  of  any  building  or  structure,  the  removal  of  which  has 
been  duly  authorized  by  'the  city  or  town  council. 

Xo  minor  child  who  has  not  completed  thirteen  years  of  life 
shall  be  employed  on  labor  or  service  or  engage  in  business,  except 
during  the  vacations  of  the  public  schools  of  the  city  or  town 
wherein  such  child  resides. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

1^0  statutes. 

VII.  LEGISLATURE. 

There  shall  be  a  session  of  the  General  Assembly  commencing 
on  tb3  first  Tuesday  of  January  in  each  year. 


260  Telegraph  axd  Telephone  Companies. 


SOUTH  CAROLINA. 


I.    CONSTITUTION. 

The  General  Assembly  shall  provide  by  general  laws  for  the 
organization  of  all  corporations,  provided  that  the  State  Assembly 
may  by  a  two-thirds  vote  of  each  honse  of  a  concurrent  resolution 
allowing  a  bill  for  a  special  charter  to  be  introduced  and  when  so 
introduced  may  pass  the  same  as  other  bills. 

Every  corporation  organized  or  doing  business  in  the  State, 
other  than  religious,  educational  or  benevolent  associations,  shall 
have  and  maintain  at  least  one  agent  in  the  State  upon  whom  pro- 
cess may  be  served,  and  at  least  one  business  office  for  the  trans- 
mission of  its  business. 

All  telegraph  and  other  corporations  engaged  in  the  business  of 
transmitting  intelligence  for  hire  are  common  carriers  and  are 
subject  to  liabilities  and  taxation  as  such. 

The  General  Assembly  shall  pass  no  act  granting  the  right  to 
construct  and  operate  telegraph  or  telephone  lines  without  the 
consent  of  the  local  authorities  in  control  of  the  streets  or  public 
places  to  be  occupied  for  any  such  or  like  purpose  first  being 
obtained. 

'No  discrimination  in  charge  or  rate  for  the  transmission  of 
intelligence  within  this  State  or  coming  from  or  going  to  another 
State  shall  be  made  by  any  transmission  company  between  places 
or  persons. 

Any  telegraph  or  other  transmission  corporation  organized  under 
the  laws  of  the  State  shall  have  the  right  to  connect  its  line  to 
such  line ;  that  those  of  other  states  shall  have  the  right  to  intersect 
with  all  and  another  transmitting  line  and  shall  receive  and  trans- 
port the  messages  delivered  to  it  by  any  other  company  without 
delay  or  discrimination. 

No  telegraph  or  other  transmitting  company  or  the  lessees, 
or  purchaser  of  any  such  company  shall  consolidate  the  stock, 
property  or  franchises  of  such  corporation  with,  or  lease  or  pur- 
chase the  works  or  the  franchise  of  or  in  any  way  control  any  other 
telegi-aph  or  other  transmission  company  owning  or  having  under 


COMPILATIOX    OF    STATUTES.  261 

its  control  a  parallel  or  competing  line,  and  the  question  whether 
telegraph  or  other  transmission  companies  are  parallel  or  com- 
peting lines  shall,  when  demanded  by  the  party  plaintiff,  be  de- 
cided by  a  jury  as  any  other  civil  cases. 

A  Kailroad  Commission  is  established,  whose  powers  over  all 
transporting  and  transmitting  companies  shall  be  regulated  by 
law. 

Private  property  shall  not  be  taken  for  private  use  without  the 
consent  of  the  owner  or  for  public  use  unless  just  compensation  be 
first  made  therefor;  nor  shall  any  right  of  way  be  appropriated 
to  the  use  of  any  company  until  full  compensation  shall  be  first 
made  therefor  to  the  owner  or  secured  by  a  deposit  of  money, 
irrespective  of  any  benefit  from  any  improvement  proposed  by 
such  company,  which  compensation  shall  be  ascertained  by  a  jury 
of  twelve  men  in  a  court  of  record  as  shall  be  provided  by  law. 

The  General  Assembly  may  provide  for  a  graduated  tax  on 
incomes  and  for  a  graduated  license  on  occupations  and  business. 

The  General  Assembly  shall  enact  laws  to  prveent  all  trusts, 
combinations,  contracts  and  agreements  against  the  public  wel- 
fare and  to  prevent  abuses  and  unjust  discriminations  and  extor- 
tions by  transporting  and  transmitting  companies,  and  shall  pass 
laws  for  the  supervision  and  regulation  of  such  companies  by  com- 
mission or  otherwise,  and  shall  provide  adequate  penalties  to  the 
extent,  if  necessary  for  that  purpose,  of  forfeiture  of  their 
franchises. 

II.    CORPORATIOXS. 

At  least  one  meeting  of  stockholders  shall  be  held  annually  in 
the  State.     The  capital  stock  may  be  increased  or  reduced. 

The  Secretary  of  State  shall  prepare,  print  and  transmit  to  the 
General  Assembly  annually  an  abstract  of  all  certificates  for  in- 
crease or  decrease  of  capital  stock  issued  by  him  under  provisions 
of  this  chapter. 

The  charter  of  any  corporation  except  railway,  turnpike  and 
canal  companies  shall  be  issued  by  the  Secretary  of  State.  Two 
or  more  persons  desiring  to  form  a  corporation,  except  for  munici- 
pal purposes  and  except  for  railway,  turupiko  and  cajuil  companies, 
may  file  with  the  Secretary  of  State  a  petition  duly  vorifie'd,  set- 


262  Telegeaph  axd  Telephone  Compaq- ies. 

ting  forth  the  names  and  residences,  the  name  of  the  company, 
place  at  which  it  proposes  to  have  its  place  of  business,  the  nature 
of  its  business,  the  amount  of  capital  shares  into  which  it  is 
divided  and  par  value,  and  upon  filing  the  petition  the  Secretary 
of  State  shall  issue  the  commission  authorizing  them  to  open  the 
books  of  subscription  of  which  public  notice  is  required. 

All  subscriptions  to  the  capital  stock  shall  be  payable  in  money 
or  in  labor  or  any  property  at  its  money  value. 

When  not  less  than  50  per  cent,  of  the  proposed  capital  stock 
shall  have  been  subscribed,  the  board  of  corporators  shall  call  the 
subscribers  together  and  they  shall  proceed  to  the  organization  of 
the  company  and  shall  elect  a  board  of  directors  or  managers,  who 
shall  call  for  the  payment  of  the  subscription  capital  in  whole  or 
in  installments.  Upon  the  payment  to  the  treasurer  of  the  com- 
pany of  at  least  20  per  cent,  of  the  aggregate  amount  of  the  capital 
subscribed  and  payable  in  money  and  upon  delivery  to  such  officer 
of  at  least  20  per  cent,  of  the  property  subscribed  to  the  aggregate 
amount  of  the  capital  stock  the  l)oard  of  corporators,  or  a  majority, 
shall  Certify  to  the  Secretary  of  State  that  the  requirements  of  this 
act  have  been  complied  with.  Upon  the  filing  of  the  return  the 
Secretary  of  State  shall  issue  to  the  board  of  corporators  a  certifi- 
cate to  be  known  as  the  charter  and  that  they  are  fully  authorized 
to  commence  business,  a  copy  of  which  charter  shall  be  recorded 
in  the  office  of  the  register  of  conveyances,  or  the  clerk  of  each 
cmmty  where  such  corporation  shall  have  a  business  office. 

All  charters  granted  under  the  provisions  of  this  article  shall 
continue  in  force  perpetually  unless  limited  by  th^  terms  of  the 
petition. 

Foreign  corporations  are  permitted  to  locate  and  carry  on 
business  in  the  State  in  like  manner  and  with  like  charters  as 
corporations  of  like  kind  and'  class  created  under  the  laws  of  the 
State,  provided  that  a  foreign  corporation  acquiring  property  or 
commenciug  business  shall  within  sixty  days  thereafter  file  in  the 
office  of  the  Secretary  of  State  a  written  declaration  designating 
some  place  in  the  State  as  its  principal  ]dace  of  business  and  the 
place  of  location  of  such  eonij^any  at  which  all  legal  papers  may 
be  served  in  such  coihikiuv  1)v  the  dcliverv  of  the  same  to  any 
offic{>r  or  agent  of  such  company  found  thereon.     And  shall  also 


CoMPiLATiox  OF  Statutes.  2G3 

file  with  the  Secretary  of  State  a  certified  copy  of  their  charter 
and  by-laws,  w'itli  all  amendments  of  the  same  that  may  be  from 
time  to  time  made  within  sixty  days  from  the  day  of  making  the 
same,  and  they  shall  file  annually  a  sworn  statement  showing 
the  residence  and  post  office  address  of  such  company,  the  amount 
of  capital  stock,  the  names  and  addresses  of  the  president,  secre- 
tary, board  of  directors,  and  upon  failure  so  to  do  the 
corporation  shall  forfeit  the  sum  of  $500  to  the  State,  and  as  a 
condition  precedent  that  all  actions  or  suits  arising  out  of  business 
or  dealings  of  such  foreign  companies  with  a  citizen  or  company 
of  this  State  or  pertaining  thereto  commenced  in  the  courts  of 
this  State  shall  be  tried  therein,  any  usage  or  law  to  the  contrary 
notwithstanding;  and  that  the  courts  of  this  State  shall  have 
exclusive  jurisdiction;  and  that  it  shall  be  deemed  to  be  a  fact 
irrebuttable  and  a  part  of  all  contracts  entered  into  between  a  for- 
eign company  and  a  citizen  or  company  of  this  State  that  the 
taking  or  receiving  from  any  citizen  or  company  of  this  State  of 
any  fee,  charge  or  payment  under  or  in  performance  of  any  such 
contract,  or  of  any  condition  of  the  same,  shall  constitute  the  doing 
of  its  corporate  business  within  the  State,  and  that  the  place  of 
making  and  the  performance  of  such  contract  shall  be  deemed  and 
held  to  be  within  the  State. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Any  telegraph  or  telephone  company,  whether  domestic  or  for- 
eign, upon  complying  with  the  laws  of  this  State,  may  construct, 
maintain  and  operate  its  line  through,  upon,  over  and  nnder  any 
of  the  public  lands,  public  roads,  waters  of  the  State  and  over 
and  under  and  on  land  of  any  person,  company  or  corporation  in 
the  State,  and  along,  upon  and  over  the  right  of  way  of  any  rail- 
road company  in  the  State,  provided  the  same  are  so  constructed 
as  to  not  endanger  the  safety  of  persons  or  to  interfere  with  the 
use  of  such  highway  or  the  navigation  of  such  waters  or  the 
operating  or  running  of  the  engines  and  cars  of  such  railroads, 
and  that  just  compensation  is  first  made  to  such  land  owners  and 
railroad  companies  for  such  right  and  privilege  as  provided  by  law 
and  provided  that  no  electric  wires  shall  be  erected  within  fifty 
yards  of  any  highway  unless  the  same  shall  be  provided  with  a 


264  Telegeaph  and  Telephone  Companies. 

sufficient  lightning  arrestors  as  may  be  necessary  for  the 
protection  of  persons  and  property;  the  right  of  way  over  and 
under  the  lands  of  any  person  or  corporate  division  and  railroad 
companies  must  be  secured  by  the  institution  of  condemnation 
proceedings,  and  in  the  case  of  railroad  companies  such  telegraph 
or  telephone  line  may  file  its  petition  in  the  office  of  the  clerk  of 
the  Court  of  Common  Pleas  in  the  county,  and  the  clerk  of  the 
court  shall  then  summons  such  railroad  company  and  the  cause 
shall  be  tried  as  other  civil  actions.  And  every  party  feeling 
aggrieved  at  the  verdict  of  the  jury  may  appeal  the  same  to  the 
Supreme  Court  of  the  State.  All  companies  or  j)ersons  o\vning, 
controlling  or  operating  lines  of  express  or  telegraph  whose  lines 
are  in  whole  or  in  part  in  the  State  shall  be  under  the  control  of 
the  Railroad  Commissioners  of  the  State ;  they  shall  have  full 
power  to  regulate  the  price  or  public  charge  of  any  company  or 
person  operating  any  such  line  for  any,  service  performed  by  it ; 
and  the  powers  of  the  commissioners  to  regulate  charges  by  cor- 
porations herein  referred  to  shall  apply  to  charges  by  express  for 
transportation  from  one  point  to  another  of  the  State  and  mes- 
sages sent  by  telegraph  from  one  point  to  another  in  the  State. 

Telegraph  and  express  companies  shall  pay  pro  rata  a  part  of 
the  salaries  of  the  Railway  Commissioners  based  on  their  gross 
earnings. 

!N^o  telegraph  company  doing  business  in  this  State  shall  make 
any  difference  in  the  rates  at  which  they  furnish  telephones  and 
telephone  service  to  its  jDatrons  or  subscribers  at  its  different 
offices  or  places  of  business  in  the  several  states  or  more  than  is 
necessary  on  account  of  the  difference  in  the  cost  of  supplying 
such  telephones  and  telephone  service  to  its  subscribers  at  its  dif- 
ferent offices  and  places  of  business  being  taken  into  consideration, 
and  any  telephone  company  which  violates  the  provisions  of  this 
section  shall  pay  and  forfeit  to  each  of  its  subscribers,  where  it 
charges  such  higher  rate,  double  the  difference  between  a  rate 
unlaAvfully  charged  and  the  rate  which  should  be  charged  accord- 
ing to  the  provisions  of  this  law,  to  be  recovered  by  suit  in  a 
court  of  competent  jurisdiction. 

All  telcgra]ih  companies  doing  business  in  the  State  shall  be 
liable  for  mental   anguish  or  suffering  in  the  absence  of  bodily 


CoMriLATIOX    OF    STATUTES.  265 

injury  for  negligence  in  receiving,  transmitting  or  delivering  mes- 
sages, and  the  rights  and  limitations  provided  herein  shall  be  in 
addition  to  those  now  existing,  and  in  all  actions  under  this  sec- 
tion the  jury  may  award  such  damages  as  they  may  conclude 
resulted  from  negligence  of  such  telegraph  company.  The  Rail- 
way Commissioners  shall  require  annual  reports  to  Le  made  upon 
blanks  to  be  furnished  by  them,  and  shall  be  authorized  to  require 
other  reports  of  such  other  matters  as  they  may  deem  to  be  expedi- 
ent, and  shall  have  power  to  make  examination  for  the  purpose 
of  obtaining  such  information,  to  issue  subpoenas  for  the  attend- 
ance of  witnesses.  It  shall  be  the  duty  of  the  commission  having 
power  to  ascertain  if  its  rules  and  regulations  having  been  com- 
plied with  to  make  personal  visitations  of  the  places  of  business 
for  the  purpose  of  examination  and  to  make  rules  and  regulations 
concerning  such  examination  and  have  full  power  and  authority 
to  examine  agents  or  employees  under  oath  and  otherwise  to  pro- 
cure the  necessary  information  to  make  a  just  and  reasonable  rate 
■on  freight  and  passenger  traffic. 

The  Railroad  Commission  shall  have  and  exercise  the  same 
jurisdiction  concerning  all  telephone  lines,  stations  and  exchanges 
and  over  all  persons  or  companies  owning  or  operating  telephone 
lines  that  it  now  exercises  over  railroad,  telegraph  and  express 
lines,  and  to  fix  and  regulate  the  rates  to  be  charged  by  the  owners 
of  such  telephone  lines  for  the  transmission  of  intelligence  for 
hire,  and  to  require  reasonable  connections  to  be  made  and  main- 
tained when  practical  between  such  lines  and  the  lines  of  private 
individuals,  firms  or  companies  desiring  such  communications,  and 
to  fix  and  regulate  the  rates  or  compensation  therefor,  and  to  make 
and  enforce  rules  and  regulations  by  which  all  persons  or  com- 
panies owning  or  operating  such  lines  for  the  transmission  of 
intelligence  for  hire,  shall  be  governed  in  the  conduct  of  such 
business,  provided  that,  except  by  agreement,  with  the  subscribers 
no  change  shall  be  made  in  any  existing  rates  without  a 
hearing  by  said  commission,  which  shall  be  had  at  such  time  and 
place  as  shall  be  designated  by  it  and  of  which  notice  shall  be 
given.  The  persons  or  companies  owning  and  operating  telephone 
lines  shall  bear  their  proportion  of  the  salaries  of  the  Railroad 
Oommissioners  and  its  employees. 


266  Telegraph  a^^d  Telephone  Companies. 

IV.    TAXATION. 

The  right  of  way,  buildings,  structures,  poles  and  fixtures  and 
real  estate  owned  and  in  daily  use  by  a  railroad  or  telegraph  com- 
pany in  the  ]3rosecution  of  its  business  shall,  for  the  purpose  of 
this  chapter,  in  this  State,  be  regarded  as  personal  property,  while 
the  lien  for  tax  shall  attach  to  the  j^roperty  as  if  the  same  were 
real  estate. 

Every  telegraph  and  telephone  company  doing  business  in  the 
State  shall  annually  make  a  statement  to  the  Comptroller-General 
setting  forth  the  capital  stock,  the  number  of  shares  issued,  out- 
standing, the  par  and  face  value  thereof,  its  place  of  business,  the 
market  value  of  its  shares,  the  real  property,  structures,  machinery 
and  fixtures  owned  by  it  and  subject  to  legal  taxation  in  the  State 
and  the  location  and  assessed  value  thereof  in  each  county  or 
township  where  the  same  is  assessed  for  local  taxation,  the  specific 
real  estate  owned  by  the  company  outside  of  the  State  not  used 
directly  in  the  conduct  of  the  business  and  the  sum  at  which  the 
same  is  assessed  for  taxation,  all  mortgages  upon  its  property,  with 
the  amounts  thereof,  the  length  of  line  of  the  company,  the  length 
of  the  line  outside  the  State,  the  length  of  the  line  in  the  counties 
and  townships  within  the  State. 

Upon  failure  to-  file  such  statement,  the  company  shall  forfeit 
to  the  State  $100  per  day  for  each  day  such  report  is  delayed 
beyond  the  time  for  filing. 

The  Comptroller-General  shall  place  such  statements  before  the 
State  Board  of  Appraisers  who  shall  ascertain  the  true  cash  value 
of  the  entire  property  owned  by  such  company  for  that  purpose 
taking  the  aggregate  value  of  all  the  shares ;  provided  that  if  any 
property  is  incumbeced  by  mortgage  the  board  shall  ascertain  the 
true  cash  value  by  adding  to  the  market  value  of  the  aggregate 
shares  of  stock  the  aggregate  amount  of  such  mortgages,  and  the 
result  shall  be  deemed  and  treated  as  the  true  cash  value  of  the 
property  of  such  company.  The  board  shall  then  deduct  from  the 
gross  value  the  assessed  value  for  taxation  of  any  property  taxed 
within  the  State  not  specifically  used  in  the  general  business  of  the 
company,  and  shall  then  ascertain  the  true  cash  value  of  the  com- 
pany's property  by  taking  the  proportion  of  the  whole  aggregate 
value  after  deductino;  the  assessed  value  of  such  real  estate  which 


Compilation  of  Statutes.  267 

the  length  of  the  lines  of  such  comptny  within  the  State  bears  to 
the  total  length  of  the  line  of  such  company,  and  from  the  entire 
value  of  the  property  within  the  State  ascertained  there  shall  be 
deducted  the  assessed  value  for  taxation  of  all  real  estate  struc- 
tures and  appliances  within  the  State  subject  to  local  taxation 
in  the  county  and  township,  and  the  residue  of  such  value  after 
taking  therefrom  the  assessed  values  of  local  property,  shall  be 
assessed  by  the  board,  and  such  board  shall  then  ascertain  the 
value  per  mile  of  the  property  within  the  State  by  dividing  the 
total  value  as  above  ascertained,  after  deducting  the  specific  prop- 
erties locally  assessed,  by  the  number  of  miles  within  the  State, 
and  the  result  shall  be  deemed  and  held  as  the  value  per  mile  of 
the  value  of  such  property  of  such  comiDany  within  the  State,  and 
such  board  shall  then  multiply  the  value  per  mile  b}'  the  number 
of  miles  in  each  county  as  reported  in  the  statements  filed,  and  the 
result  thereof  shall  be  then  certified  to  the  Comptroller-General 
who  shall  thereupon  certify  the  same  to  the  auditors  of  the  respec- 
tive counties  through  or  across  Avhich  the  lines  of  such  companies 
extend,  and  such  auditors  shall  apportion  the  amount  certified  for 
their  counties  among  the  several  townships  into,  through  or  across 
which  such  lines  extend  in  proportion  to  the  length  of  the  lines  in 
the  townships.  Upon  refusal  to  pay  a  tax  assessed  against  it  an 
action  may  be  prosecuted  in  the  name  of  the  State  on  relation  of 
the  county  auditor,  and  the  judgment  in  such  action  shall  so 
include  the  penalty  of  50  per  cent,  of  the  amount  of  tax  assessed 
and  unpaid  together  with  a  reasonable  attorney's  fee.  Failure  to 
make  and  deliver  statements  required  herein  shall  cause  a  for- 
feiture by  such  company  of  $500  as  a  penalty.  iSTo  domestic  cor- 
poration owning  property  in  any  other  State  shall  be  required 
to  return  its  capital  for  taxation  in  this  State  but  shall  return  such 
property  as  it  owns  in  this  State  and  such  proportion  of  the  value 
of  its  other  property  as,  if  owned  by  the  individual  residents  of 
this  State,  would  be  taxable  in  this  State. 

A  corporation  organized  under  the  law  of  this  State  but  o^^^ling 
no  property  in  the  State  shall  not  be  required  to  return  its  capital 
for  taxation  in  the  State.  A  corporation  chartered  under  the  laws 
of  this  State  which  shall  refuse  or  omit  or  neglect  to  pay  its  tax 
within  thirty  days  after  the  assessment  and  levy  thereof  shall  for- 


268  Telegraph  a^td  Telephone  Companies. 

feit  its  share  in  all  the  righj^,  privileges  and  franchises  thereof, 
and  the  corporate  existence  of  such  company  shall  be  annulled. 

Each  domestic  corporation  shall  annually  report  to  the  Comp- 
troller its  name,  location  of  its  office,  the  name,  address  of  its  presi- 
dent, manager  and  directors,  the  date  of  the  annual  election  of  its 
officers,  the  amount  of  authorized  capital  and  par  value,  the  amount 
subscribed,  the  amount  outstanding  and  paid  up,  the  nature  and 
amount  of  business  in  which  engaged,  and  if  a  telegraph  or  tele- 
phone company  or  a  foreign  corporation  shall  also  state  the  nature 
of  the  company,  under  the  laws  of  what  State,  organized,  and  in 
ease  of  telegraph  and  telephone  companies  the  entire  gross  re- 
ceipts, including  all  sums  earned  or  charged,  whether  actually  re- 
ceived or  not,  for  the  fiscal  year  next  preceding,  from  whatever 
source  derived,  M'hether  messages,  telephone  bills  or  rentals,  or 
otherwise,  for  business  done  in  the  State  at  each  office  in  the  State, 
giving  name  of  the  business  to  the  auditor  receiving  for  the  com- 
pany from  such  parties  in  the  State  from  business  done  within  the 
State.  The  State  Board  of  Assessors  shall  proceed  to  ascertain 
and  determine  the  gross  receipts  of  such  telegraph  and  telephone 
companies  for  business  done  within  the  State  for  the  fiscal  year 
next  preceding,  and  shall  notify  the  State  Treasurer  of  the  amount 
thereof,  and  shall  proceed  to  collect  an  annual  license  fee  of  three 
mills  on  the  gross  income  of  such  company  for  business  done 
within  the  State,  and  the  State  Treasurer  upon  payment  of  such 
annual  fee  shall  deliver  to  the  company  paying  the  same  a  certifi- 
cate of  its  compliance  with  this  act,  and  on  failure  or  neglect  so  to 
pay  such  tax  or  a  neglect  to  report  as  herein  provided,  such  com- 
pany shall  bo  subject  to  a  penalty  of  $r)00  and  an  additional 
penalty  of  $100  for  each  day's  omission  after  the  time  limited 
in  this  act  for  filing  such  report  and  paying  such  license  fee,  which 
penalty  may  be  recovered  by  action  in  the  name  of  the  State. 

Every  foreign  corporation  when  it  shall  retire  from  business  in 
the  State  is  required  to  file  with  the  Secretary  of  State  a  certificate 
to  that  efi'ect. 

V.    CRIMES  AND  PENALTIES. 

Any  person  who  shall  wilfully  and  unlawfully  injure  or  destroy 
any  pole  or  wire  of  any  telegraph  or  telephone  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  of  not  exceeding  $100  or 


Compilation  of  Statutes.  26^ 

imprisonment  not  exceeding  thirty  clays.  It  shall  be  nnlawful  for 
any  person  while  a  member  of  the  Senate  or  of  the  House  of  Kepre- 
sentatives,  State  or  national,  or  any  State  or  county  official  or  any 
judge  of  a  court  of  record  in  the  State  to  use  any  free  pass,  express 
blank,  frank  or  complimentary  ticket ;  and  any  person  upon  con- 
viction of  a  violation  hereof  shall  be  guilty  of  a  misdemeanor  and 
liable  to  a  fine  not  exceeding  $500. 

VI.    LiIMITATIOXS   OF  TRADE  AND  COMMERCE. 

All  arrangements,  agreements,  trusts  or  combinations  between. 
two  or  more  persons,  individuals,  firms  or  corporations  made  with 
a  view  to  lessen  or  which  tend  to  lessen  full  and  free  competition 
in  the  importation  or  sale  of  articles  imported  into  the  State  or  in 
the  manufacture  or  sale  of  articles  of  domestic  growth  or  of 
domestic  raw  material,  and  all  arrangements,  contracts  agree- 
ments, trusts  or  combinations  designed  or  which  tend  to  prevent- 
er control  the  price  or  cost  to  the  producer  or  the  consumer  of  any 
such  article  or  product,  and  all  arrangements,  contract,  trust  or 
combination  between  two  or  more  persons  as  individuals,  firms, 
corporations,  syndicates  or  operations  that  may  lessen  or  check  in 
any  manner  the  full  and  free  comeptition  of  any  effect  rates,  tolls, 
premiums  or  prices  or  seeks  to  control  in  any  manner  or  way  such 
tariffs,  rates,  tolls,  premiums  or  prices  in  any  branch  of  trade, 
business  or  commerce,  are  hereby  declared  to  be  against 
public  policy  and  uulawfid  and  void,  and  any  violation  of 
the  ]u-ovisions  herein  shall  be  deemed  and  is  hereby  declared  to  be 
destructive  to  full  and  free  competition  and  conspiracy  against 
trade,  and  any  person  or  persons  who  may  engage  in  any  such  con- 
spiracy or  who  shall  as  mend.)er,  manager,  director  or  agent  or  in 
any  other  capacity  knowingly  carry  out  any  of  the  stipulations 
purposes,  prices,  rates  or  orders  made  in  furtherance  of  such  con- 
spiracy shall,  on  detection,  be  punished  by  a  fine  of  not  less  than 
$100  or  more  than  $5,000,  and  by  imprisonment  not  less  than  six 
months  or  more  than  ten  years  or  both. 

When  complaint  is  made  upon  affidavit  showing  the  prima  faci-e 
violation  of  the  law  it* shall  be  the  duty  of  the  Attorney-General  to 
bring  action  against  such  domestic  company  to  forfeit  its  charter. 
He  shall  apply  to  any  court  for  an  order  restraining  such  offending 


270  Telegraph  and  Telephone  Companies. 

corporation,  and  if  necessary,  for  the  appointment  of  a  receiver 
therefor,  and  in  case  such  violation  shall  be  established  the  court 
shall  adjudge  the  charter  of  such  corporation  forfeited,  and  it  shall 
be  dissolved,  and  its  charter  shall  cease  and  determine,  and  in  case 
of  such  showing  as  to  a  foreign  corporation  action  shall  be  taken 
by  the  Attorney-General  to  determine  the  truth  of  such  charge 
and  in  case  such  charge  shall  be  sustained  the  effect  of 
the  judgment  of  the  court  shall  be  to  deny  such  corporation  the 
recognition  of  its  corporate  existence  in  any  court  at  law  or  equity 
in  the  State. 

Any  person  or  j^ersons  or  corporation  that  may  be  injured  or 
damaged  by  any  such  arrangement  or  agreement  may  sue  for  a 
recovery  of  the  full  consideration  or  sum  paid  by  him  or  them  for 
any  goods,  wares,  merchandise  or  articles  the  sale  of  which  is  con- 
trolled by  such  combination  or  trust. 

A  monopoly  is  any  union  or  combination,  or  consolidation,  or 
affiliation  of  capital,  credit,  property,  assets,  trade,  custom,  skill 
or  acts,  or  any  other  valuable  thing  or  possession  by  or  between 
persons,  firms,  corporations  or  associations  of  persons,  firms  or 
corporations  whereby  any  one  of  the  objects  mentioned  in  this  act 
is  accomplished  or  sought  to  l^e  accomplished,  or  whereby  any  one 
or  more  of  such  purposes  are  promoted  or  attempted  to  be  exe- 
cuted or  carried  out,  or  whereby  the  several  results  described  herein 
are  reasonably  calculated  to  be  produced,  and  a  monopoly,  as  thus 
defined  and  contemplated,  includes  not  merely  such  combinations 
by  or  between  two  or  more  persons,  firms  or  corporations  acting  for 
themselves,  but  is  especially  defined  and  intended  to  include  all 
aggregations,  amalgamations,  affiliations,  consolidations  or  incor- 
porations of  capital,  skill,  credits,  assets,  property,  custom,  trade  or 
other  valuable  thing  or  possession,  whether  affected  by  the  ordinary 
methods  of  partnership  or  by  actual  union  under  the  legal  name 
of  firm,  by  a  corporation  or  an  incorporated  body  resulting  from 
the  union  of  one  or  more  distinct  firms  or  corporations,  or  by 
the  purchase,  acquisition  or  control  of  shares  or  certificates  of 
stocks  or  bonds  or  other  corporate  property  or  franchise,  and  all 
corporations  or  partnerships  that  have  been  or  may  be  created  by 
the  consolidation  or  amalgamation  of  the  separate  capital  stock, 
bonds,  assets,  credits  of  two  or  more  firms  or  corporations  or  com- 


Compilation  of  Statutes.  271 

panics  are  especially  declared  to  constitute  monopolies  within  the 
meaning  of  this  act,  if  so  created  or  incorporated  into  for  any  one 
or  more  of  the  purposes  named  in  this  act,  and  a  monopoly  as  de- 
fined in  this  section  is  hereby  declared  to  be  fraudulent  and 
against  public  policy,  and  any  and  all  persons  engaged  therein 
shall  be  deemed  and  adjudged  guilty  of  a  conspiracy  to  defraud, 
and  to  be  subject  to  the  penalty  described  in  this  act. 

Sales  for  less  than  cost  of  manufacture  for  the  purpose  of  in- 
juring competitors  is  prohibited.  The  penalty  for  the  violation  of 
any  of  the  provisions  of  this  act  shall  be  a  forfeiture  of  not  less 
than  $200  nor  more  than  $5,000  for  each  offense,  and  each  day 
such  person,  corporation,  partnership  or  association  shall  continue 
so  to  do  shall  be  a  separate  offense,  and  the  penalty  in  such  cases 
to  be  recovered  by  an  action  in  the  name  of  the  State  on  the  rela- 
tion of  the  Attorney-General ;  and  any  corporation  which  shall  vio- 
late any  of  the  provisions  of  this  act  shall  forfeit  its  corporate 
rights  and  franchises,  and  its  corporate  existence  shall,  upon 
proper  proof  being  made  in  any  court  of  competent  jurisdiction, 
be  by  that  court  declared  forfeited,  void  and  of  no  effect,  and 
shall  thereupon  cease  and  determine,  and  any  foreign  corporation 
which  shall  violate  any  of  the  provisions  of  this  act  shall  thereby 
forfeit  its  right  and  privilege  thereof  to  do  any  business  in  the 
State. 

VII.    LEGISLATURE. 

The  General  Assembly  shall  convene  on  the  second  Tuesday  in 
January  annually. 


272  Telegkapk  and  Telephone  Companies. 


SOUTH  DAKOTA. 


I.    CONSTITUTION. 

The  Legislature  shall  provide  by  general  laws  for  the  organiza- 
tion of  all  corporations  hereafter  to  be  created. 

The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged  or  construed  so  as  to  prevent  the  Legislature  from  taking 
property  and  franchises  of  incorporated  companies  and  subjecting 
them  to  public  use  the  same  as  the  property  of  individuals. 

'No  foreign  corporation  shall  do  any  business  in  the  State  with- 
out having  one  or  more  known  places  of  business  and  an  author- 
ized agent  in  the  same  upon  whom  process  may  be  served, 

No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  by  its  charter  nor  shall  it  take  or  hold  any 
real  estate  except  such  as  may  be  necessary  and  proper  for  its 
legitimate  business.  ISTeither  the  State  nor  any  municipality  shall 
loan  or  give  its  credit  or  make  donations  to  or  in  aid  of  any 
individual,  association  or  corporation,  except  for  the  necessary 
support  of  the  poor,  nor  subscribe  to  or  become  the  owner  of  the 
capital  stock  of  any  association  or  corporation,  nor  pay  or  become 
responsible  for  the  debt  of  any  individual,  association  or  corpo- 
ration, nor  shall  the  State  enter  into  any  work  of  internal  improve- 
ment. 

Any  company  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  telegraph 
in  the  State,  and  to  connect  the  same  with  other  lines  and  the 
Legislature  shall  by  general  law  of  uniform  operation  provide 
reasonable  regulations  to  give  full  effect  to  this  section.  ]^o  tele- 
phone company  shall  consolidate  with  or  hold  a  controlling  interest 
in  the  stock  or  bonds  of  any  other  telegraph  company  owning  a 
competing  line  or  acquire  by  purchase  or  otherwise  any  other 
competing  line  of  telegraph. 

ISTo  telegraph  or  telephone  line  shall  be  constructed  within  the 
limits  of  any  village,  town  or  city  without  the"  consent  of  its  local 
authorities. 


COMPILATIOX    OF    STATUTES.  273 

Private  property  shall  not  be  taken  for  public  use  or  damaged 
without  just  compensation,  to  be  determined  by  a  jury,  which  shall 
be  paid  as  soon  as  it  can  be  ascertained  and  before  possession  is 
taken.  jSTo  benefit  which  may  accrue  to  the  owner  as  the  result 
of  an  improvement  made  by  a  private  corporation,  shall  be  con- 
strued in  fixing  a  compensation  for  property  taken  or  damaged. 
The  fee  of  land  taken  for  railroad  tracks  or  other  highways  shall 
remain  in  such  owners  subject  to  the  use  for  which  it  is  taken. 

The  power  to  tax  corporations  and  corporate  property  shall  not 
be  surrendered  or  suspended  by  any  contract  or  grant  to  which  the 
State  shall  be  a  party. 

Monopolies  and  trusts  shall  not  be  allowed  in  this  State.  ISTo 
corporation,  partnership  or  association  of  persons  in  the  State 
shall  directly  or  indirectly  combine  or  make  any  contract  with 
any  incorporated  company,  foreign  or  domestic,  through  their 
stockholders  or  the  trustees  or  assigns  of  such  stockholders  or  with 
any  partnership  or  association  or  persons  or  in  any  manner  what- 
ever to  fix  prices,  limit  production  or  regulate  the  transportation 
of  any  product  or  commodity  so  as  to  prevent  competition  in  such 
prices,  production  or  transportation,  or  to  establish  excessive  prices- 
therefor. 

The  Legislature  is  prohibited  from  enacting  any  private  or 
special  laws  granting  to  any  individual,  corporation  or  associa- 
tion any  special  or  exclusive  privilege,  immunity  or  franchises 
whatever. 

II.    CORPORATIONS. 

Any  number  of  persons  not  less  than  five  may  form  a  corpora- 
tion for  the  purpose  of  maintaining  and  operating  lines  of  tele- 
graph, and  shall  make  articles  of  incorporation  stating  its  name, 
place  from  which  and  to  which  the  lines  of  telegra})h  arc  to  be 
constructed,  the  estimated  length  thereof,  and  the  name  of  each 
county  in  the  State  through  or  into  which  they  are  extended  or 
intended  to  be  constructed,  the  amount  of  its  capital  stock,  the 
number  of  shares  and  the  number  and  amount  of  each  class  of  stock 
and  the  names  and  residences  of  the  directors ;  the  term  for 
which  the  company  shall  exist,  which  shall  not  exceed  thirty  years ; 
the  place  within  the  State  where  its  principal  ofiice  shall  be  main- 
Yol.  2-18 


274  Telegraph  and  Telephone  Companies. 

tained  and  where  its  records  and  stock  books  shall  be  kept  and 
there  shall  be  attached  to  such  certificate  an  affidavit  of  at  least 
three  of  the  company  directors  that  it  has  intended  in  good  faith 
to  construct  and  maintain  and  operate  the  lines  of  telegraph 
mentioned  in  that  certificate  which  affidavit  and  certificate  shall 
be  filed  in  the  office  of  the  Secretary  of  State  whereupon  the  cer- 
tificate of  corporate  existence  shall  be  issued  aud  if  the  whole 
of  the  capital  stock  shall  not  have  then  been  subscribed,  the  di- 
rectors may  open  the  books  of  subscription  to  fill  up  the  capital 
stock. 

The  right  of  way  is  granted  to  the  owners  of  any  telegraph  or 
telephone  lines  over  lands  and  real  property  belonging  to  the  State, 
and  the  right  to  use  public  ground  and  highways  subject  to  the 
control  of  the  proper  municipal  authorities. 

There  shall  be  a  board  of  not  less  than  five  directors ;  no  one 
of  whom  shall  be  a  director  unless  he  shall  be  a  stockholder  owning 
stock  absolutely  in  his  own  name,  or  as  a  trustee  or  personal  repre- 
sentative. The  capital  stock  may  be  increased  to  such  amount  as 
may  by  its  stockholders  be  deemed  necessary  for  the  construction 
or  operation  of  its  line  by  a  vote  of  the  owners  of  at  least  two- 
thirds  of  all  its  stock.  Every  corporation,  domestic  or  foreign, 
owning  or  operating  lines  of-  telegraph  within  the  State  shall 
have  the  power  to  make  examinations  and  surA'ey  for  its  proposed 
lines,  to  take  and  hold  voluntary  grants  of  real  estate  and  other 
property  as  may  be  made  to  be  aii  aid  in  the  construction,  main- 
tenance and  operation  of  its  lines ;  to  acquire  by  purchase  such 
real  estate  and  other  property  as  may  be  necessary  for  the  con- 
struction, maintenance  and  operation  of  its  lines;  to  hold  and 
use  the  same;  to  lease  or  otherwise  dispose  of  any  part  or  parcel 
thereof  or  sell  the  same  when  no  longer  necessary  to  its  use;  to 
construct  its  lines  along  or  upon  any  stream  of  water,  highway  or 
road  wherever,  river  front,  steamboat,  or  other  public  landing  or 
canal,  which  its  road  shall  intersect  or  touch ;  to  connect  its  lines 
with  any  lines  of  telegraph  heretofore  or  hereafter  constructed ; 
to  take  and  transmit  messages  over  its  lines  by  power  or  force 
of  electricity  and  to  receive  compensation  and  to  do  all  the  busi- 
ness incidental  to  telegraph  corporations;  to  erect  and  maintain 
all  necessary  and  convenient  buildings,  fixtures  and  machinery; 


Compilation  of  Statutes.  275 

and  to  acquire  real  property  necessary  for  its  construction  and 
maintenance  of  its  lines  by  condemnation. 

The  utmost  care  and  diligence  shall  be  used  in  the  transmission 
and  delivery  of  messages,  and  every  person  whose  message  is 
postjwned  is  entitled  to  recover  from  such  association  his  actual 
damages  and  $50  in  addition  thereto. 

No  company  or  individual  organized  for  the  purpose  of  owning, 
maintaining  and  o])erating  lines  of  telegraph  in  the  State  shall 
consolidate  with  or  hold  a  controlling  interest  in  the  stock  or  bonds 
of  any  telegraj^h  companies  owning  competing  lines  or  acquire- 
by  purchase  or  otherwise  any  competing  line  of  telegraph. 

The  carrier  of  messages  for  reward  must  deliver  them  over 
at  the  place  to  which  they  are  addressed,  to  the  person  for  whom 
they  are  intended,  and  must  use  great  care  and  diligence  in  the 
transmission  and  delivery  of  messages. 

Everyone  who  offers  to  the  public  to  carry  persons,  property  or 
messages  is  a  common  carrier  of  whatever  he  thus  offers  to  carry 
and  must  if  able  to  do  so  carry  whatever  is  offered  to  him  at  a 
reasonable  time  and  place  of  a  kind  which  he  is  accustomed  to 
carry  and  must  always  give  preference  in  time  and  may  give 
preference  in  price  to  the  United  States  and  this  State. 

A  common  carrier  must  start  at  such  tijue  and  place  as  he 
announces  to  the  public  unless  detained  by  reason  of  accidents  or 
the  elements  or  in  order  to  connect  with  carriers  on  other  lines  of 
travel. 

A  common  carrier  is  entitled  to  a  reasonable  compensation 
which  he  may  require  to  be  paid  in  advance  and  if  refused  may 
refuse  to  carry.  Obligations  of  a  common  carrier  cannot  be  limited 
by  general  notice  on  his  part,  but  may  be  limited  by  special  con- 
tract, but  a  common  carrier  cannot  be  exonerated  by  any  agree- 
ment made  in  anticipation  thereof  from  liability  for  the  gross 
neglect  for  or  wilful  wrong  or  fraud  of  himself  or  his  servants. 

A  carrier  of  messages  by  contract  must,  if  it  is  practicable, 
directly  transmit  such  message  immediately  upon  its  receipt  and 
must  transmit  them  in  the  order  in  which  he  receives  them  except 
messages  from  agents  of  the  United  States  or  of  this  State  on 
public  business,  to  which  he  must  always  give  priority,  and  every 
person  whose  message  is  refused  or  postponed   contrary  to  the 


276  Telegraph  and  Telephone  Companies. 

provisions  in  this  chapter  is  entitled  to  recover  his  actual  damage 
and  $50  in  addition  thereto. 

No  foreign  corporation  shall  transact  any  business  within  the 
State,  or  acquire  or  dispose  of  real  or  personal  property,  or  main- 
tain any  action  at  law  in  the  State  until  it  shall  have  filed  in  the 
office  of  the  Secretary  of  State  a  duly  certified  copy  of  its  articles 
of  incorporation  and  shall  have  complied  with  the  provisions  of 
this  section,  except  that  the  same  shall  not  apply  to  corporations 
and  associations  created  solely  for  religious  and  charitable  pur- 
poses. 

Such  foreign  corporation  shall  appoint  an  agent  who  shall 
reside  at  some  accessible  point  in  the  State  duly  authorized  to 
accept  service  of  process  and  upon  whom  such  service  may  be 
had  in  any  action  of  which  such  company  may  be  a  party.  A  duly 
certified  copy  of  such  agent's  appointment  shall  be  filed  and 
recorded  in  the  office  of  the  Secretary  of  State  and  also  in  the 
office  of  the  register  of  deeds  of  the  county  where  such  agent 
resides.  And  any  person  acting  as  agent  or  officer  of  any  foreign 
corporation  unless  it  shall  have  appointed  such  agent  as  herein 
provided,  shall  be  guilty  of  a  misdemeanor  and  can  be  punished 
by  a  penalty  of  not  more  than  $100  and  imprisonment  for  not 
more  than  thirty  days,  or  both. 

The  Legislature  or  either  branch  may  examine  into  the  affairs 
and  conditions  of  any  corporation  in  the  State  at  all  times. 

III.    TAXATION. 

The  State  Board  of  Equalization  shall  consist  of  the  Governor, 
Auditor,  Secretary  of  State,  Treasurer  and  Commissioner  of 
Schools  and  Public  Lands;  and  annually,  the  Auditor  shall  trans- 
mit to  each  county  auditor  a  transcript  of  the  proceedings  of  the 
board,  specifying  percentum  added  to  or  deducted  from  the  valua- 
tion of  each  class  of  real  and  personal  property  in  the  several 
counties  of  the  State. 

It  shall  be  the  duty  of  every  telephone  or  telegraph  company 
doing  business  in  the  State  to  annually  furnish  to  the  State  Audi- 
tor a  statement  under  oath  showing  the  total  number  of  miles 
owned,  operated  or  leased  by  it  within  the  State,  the  number  of 
miles  in  each  separate  line  or  division  thereof,  with  the  number 
of  separate  wires  therein,  stating  the  counties  through  which  the 


CoMPlLATlOX    OK    STATUTES.  277 

same  may  extend,  the  number  of  miles  in  each  county  and  the 
number  of  stations,  and  the  number  of  telegraph  or  telephone 
instruments  used  in  the  county ;  the  average  number  of  poles 
per  mile  used  in  the  construction  of  the  line  and  the  value  of  wires, 
poles,  line,  and  of  all  other  property  in  the  State ;  the  number 
of  public  offices  maintained  and  the  total  cost  and  nature  of  the 
receipts  of  all  State  offices  for  the  year  ending  April  30,  preceding 
the  making  of  such  statement. 

The  State  Board  of  Assessment  and  Equalization  shall  review 
such  statement  and  may  change  the  valuation  or  add  to  said  state- 
ment any  property  omitted  therefrom  and  such  board  shall  pro- 
ceed to  levy  the  tax  on  said  property,  which  tax  shall  be  equal 
•to  the  average  amount  of  State,  county,  school,  or  municipal  taxes 
levied  upon  other  property  for  the  preceding  year,  and  the  Audi- 
tor shall  notify  each  company  of  the  amount  of  taxes  so  levied 
which  shall  be  thereupon  paid  to  the  State  Treasurer  by  such  com- 
pany, which  shall  be  in  lieu  of  all  other  taxes  and  upon  failure  to 
make  such  statement,  or  filing  a  false  statement,  such  companies 
shall  forfeit  not  more  than  $5,000  to  be  recovered  in  the  name  of 
the  State  and  any  court  of  competent  jurisdiction. 

The  State  Board  of  Equalization  shall  cause  a  statement  to  be 
transmitted  to  the  county  board  of  each  county  in  which  any  land, 
possession  or  property  of  any  telegraph  or  telephone  company  is 
situate,  showing  the  amount  or  proportion  of  such  property  and 
the  value  thereof  situate  in  such  county  and  the  State  Treasurer 
shall  remit  to  the  county  treasurer  their  proportionate  share  of 
such  tax  and  such  county  treasurer  shall  apportion  the  same,  as 
provided  in  other  such  cases.  The  amount  to  which  each  county 
is  entitled  shall  be  determined  by  the  State  Board  of  Equalization, 
and  in  the  event  that  any  telegraph,  telephone  or  express  company, 
foreign  or  domestic,  doing  business  in  the  State  shall  fail  or  neg- 
lect to  pay  the  tax  due  or  pay  to  the  State  after  a  period  of  thirty 
days  after  it  shall  become  due  there  shall  be  added  to  such  tax  a 
penalty  of  12  per  cent,  per  annum,  and  at  the  expiration  of  thirty 
days  from  the  time  that  such  tax  has  become  due  and  payable,  the 
State  Treasurer  shall  distrain  sufficient  projierty  of  the  delinquent 
to  pay  the  same,  and  shall  iuimediately  advertise  the  sale  in  at 
least  three  newspapers,  and  such  sale  shall  be  had  and  the  proceeds 
added  either  to  the  payment  of  the  tax,  penalty  and  cost. 


278  Telegraph  and  Telephone  Companies. 

The  city  council  shall  have  power  to  regulate  and  prevent  the 
use  of  streets,  sidewalks  and  public  grounds  for  telegraph  or  tele- 
phone poles.  The  board  of  trustees  of  the  to^vn  shall  have  the 
I^ower  to  establish  and  make  such  by-laws,  ordinances  and  regula- 
tions not  repugnant  to  the  laws  of  the  State  as  may  be  necessary 
to  carry  into  effect  the  provisions  of  these  statutes, 

Xo  law,  ordinance  or  resolution  having  the  effect  of  law  for  the 
government  of  any  city  or  town  passed  by  the  legislative  body 
thereof,  except  such  as  are  for  the  immediate  preservation  of  the 
public  peace,  or  health,  or  safety,  or  expenditure  of  money  in  the 
ordinary  course  of  the  administration  of  affairs  of  such  public 
corporation,  shall  not  go  into  effect  until  twenty  days  after  the 
passage  of  such  law,  ordinance  or  resolution.  The  qualified  elec- 
tors residing  in  any  city  or  town  may,  within  the  said  twenty 
days,  file  a  petition  with  the  proper  officer  or  clerk,  requiring  him 
to  submit  any  such  law,  ordinance,  or  resolution  to  a  vote  of  the 
electors  affected  thereby  for  its  rejection  or  approval,  to  be  held 
within  thirty  days  unless  immediately  following  the  filing  of  said 
petition,  provided  in  all  cases  where  the  petitions  are  filed  within 
three  months  prior  to  any  election  held  for  the  purpose  of  elect- 
ing an  officer  of  such  city  or  town,  such  law,  ordinance  or  resolu- 
tion shall  be  submitted  at  such  election,  which  proposed  law,  ordi- 
nance or  resolution  shall  be  advertised  in  a  newspaper  published 
in  such  municipality,  and  ballots  shall  be  printed  for  the  vote 
therein,  and  the  same  shall  not  go  into  effect  unless  approved  by  a 
majority  of  the  votes  cast  for  and  against  the  same,  and  shall  go 
into  effect  immediately  after  the  determining  of  its  election  re- 
turns, if  approved  by  the  electors. 

The  right  to  propose  laws,  ordinances  or  resolutions  having  the 
effect  of  law  for  the  government  of  any  city  or  town  shall  rest 
with  any  5  per  cent,  of  the  electors  of  the  political  subdivision 
affected,  the  percentage  in  each  instance  to  be  based  upon  the 
number  of  votes  cast  at  such  general  election  for  the  highest  execu- 
tive officer  of  such  political  subdivision. 

The  proposal  for  such  law,  ordinance  or  resolution  shall  be 
made  by  petition  to  the  clerk  of  the  municipal  corporation  who 
shall,  on  the  first  ensuing  regular  or  special  session  called,  submit 
such  proposal  to  the  legislative  body  thereof  and  if  it  is  not 
adopted  or  cannot  be  adopted,  by  reason  of  the  want  of  authority 


Compilation  of  Statutes.  279 

of  such  legislative  body,  it  shall  be  referred  to  a  vote  of  the 
electors  of  such  municipality  within  the  time  and  manner  pre- 
scribed by  this  article,  provided  for  the  referendum. 

IV.  CRIMES  AND  PENALTIES. 

It  is  unlawful  for  any  person  connected  with  a  telegraph,  tele- 
phone or  messenger  company  in  any  capacity  to  divulge  the  con- 
tents or  the  nature  of  the  contents  of  a  private  communication 
entrusted  to  him  for  transmission  or  delivery,  and  it  is  unlawful  to 
refuse  or  neglect  to  transmit  or  deliver  the  same,  or  to  forge  the 
name  of  the  intended  receiver  to  any  receipt  therefor  with  view 
to  injure,  deceive  or  defraud  the  sender  or  intended  receiver,  or 
any  such  company,  or  to  benefit  himself  or  any  other  person,  and 
the  penalty  shall  be  a  fine  not  exceeding  $500  and  imprisonment 
not  exceeding  three  months,  or  both,  unless  the  contents  of  any 
such  message  is  divulged  upon  order  of  a  court  of  competent  juris- 
diction. 

Wilful  injury,  breaking  or  cutting  of  any  telegraph  or  telephone 
line  or  cable,  or  the  reading  or  copying  by  the  use  of  any  instru- 
ment in  any  unauthorized  manner,  any  message  from  such  tele- 
graph or  telephone  line  or  making  unauthorized  use  of  any  mes- 
sage, or  obtaining  or  wilfully  preventing  or  delaying,  by  any 
contrivance,  the  sending,  conveying  or  delivery  of  any  authorized 
communication,  or  wilfully  breaking,  cutting  or  in  any  manner 
injuring  any  telegraph  or  telephone  pole,  support,  insulator  or  any 
part  of  such  line  along  any  public  highway  by  means  of  firearms 
is  a  misdemeanor. 

Every  person  or  corporation  who  discloses  the  contents  of  any 
telegraph  dispatch,  telephone  message  or  communication  addressed 
to  another  in  the. course  of  transmission  except  upon  order  of  a 
court  of  competent  jurisdiction,  without  the  written  consent  of  the 
sender  or  the  person  to  whom  the  same  is  sent  shall  be  guilty 
of  a  misdemeanor  and  fined  not  less  than  $50. 

V.  LIMITATIONS  OF  TRADE  AND  C03IMERCE. 

A  trust  or  monopoly  is  a  combination  of  capital  or  skill  by  two 
or  more  persons,  firms  or  associations  of  persons  to  create  or  carry 
out  restrictions  in  trade,  to  limit  the  production  or  to  increase  or 
reduce  the  price  of  commodities,  to  prevent  competition  in  the 


280  Telegraph  and  Telephone  Companies. 

manufacture,  transportation,  sale,  or  purchase  of  merchandise, 
produce,  or  commodity,  or  to  fix  any  standard  or  -figure  whereby 
the  price  to  the  public  shall  be  in  any  manner  established  or  con- 
trolled. It  shall  be  unlawful  to  fix  the  price,  to  limit  the  transpor- 
tation of  any  product  or  commodity  so  as  to  obstruct,  delay  or 
prevent  competition  in  such  production  or  transportation.  It  is 
unlawful  to  combine  or  make  any  contract  with  any  company  to  fix 
the  price,  limit  the  production  of  any  commodities  or  regulate  the 
transportation  directly  or  otherwise  of  any  product  or  commodity 
so  as  to  obstruct  or  prevent  competition. 

The  punishment  for  a  conviction  of  a  violation  of  any  of  the 
preceding  sections  shall  be  a  fine  of  not  more  than  $5,000,  and 
upon  a  second  conviction  not  more  than  $10,000,  all  of  which  fine 
shall  be  paid,  one-half  to  the  person  aggrieved  and  the  other  one- 
half  to  the  county  treasurer  of  the  county  in  which  the  conviction 
may  be  had.  Any  person  who  suffers  damage  by  reason  of  the 
operation  of  any  pool,  trust  or  combination  may  maintain  civil 
action  and  recover  the  damage  sustained. 

VI.    LEGISLiATURE. 

The  Legislature  shall  meet  on  the  first  Tuesday  after  the  first 
Monday  of  January  in  the  year  next  ensuing  the  election  of  meui- 
bers  thereof. 

All  measures  proposed  to  the  Legislature  under  the  initiative 
shall  be  presented  by  petition  signed  by  not  less  than  5  per  cent, 
of  the  qualified  electors  of  the  State.  And  the  Legislature  shall 
enact  and  submit  all  such  proposed  measures  to  a  vote  of  the 
electors  of  the  State  at  the  next  general  election,  and  if  a  majority 
of  all  the  votes  cast  for  and  against  the  measure  are  for  the  measure 
so  enacted  and  submitted,  it  then  becomes  a  law  of  the  State  and 
goes  into  force  and  effect  immediately. 

Any  law  which  the  Legislature  may  have  enacted  except  for 
the  preservation  of  public  health,  peace  and  safety  and  support 
of  the  State  government  and  its  existing  institutions  shall,  upon 
the  filing  of  the  petition,  be  submitted  to  a  vote  of  the  electors  of  the 
State  at  the  next  general  election.  Such  petition  shall  be  signed  by 
not  less  than  5  per  cent,  of  the  qualified  electors  of  the  State  arid 
filed  in  the  office  of  the  Secretary  of  State  within  ninety  days  after 
the  adjournment  of  the  Legislature  which  passed  such  laws,  and 


CoMriLATiON  OF  Statutes.  281 

if  a  majority  of  the  votes  cast  both  for  and  against  the  law  are  for 
the  law  it  shall  then  become  a  law  of  the  State  and  go  into  force 
and  effect  immediately. 

Whenever  such  a  measure  is  submitted  to  the  electors  it  shall 
be  printed  upon  a  separate  ballot.  All  the  measures  and  laws  of 
the  Legislature  to  be  voted  upon  at  the  same  election  shall  be 
printed  upon  one  ballot. 

Every  person  who  is  a  qualified  elector  may  send  a  petition  to 
propose  a  measure  or  submit  a  law  and  any  person  signing  a 
name  other  than  his  own  to"  such  a  petition  or  any  person  signing 
the  same  who  is  not  a  qualified  elector  shall,  upon  conviction,  be 
fined  a  sum  not  exceeding  $500  or  imprisonment  for  a  term  not 
exceeding  five  years,  or  both. 


282  Telegeaph  and  Telephone  Companies. 


TENNESSEE. 


I.  CONSTITUTION. 

Xo  lands  or  property  shall  be  taken  or  applied  to  public  use 
without  just  compensation.  The  credit  of  no  county,  city  or  town 
shall  be  given  or  loaned  to  or  in  aid  of  any  person,  company,  asso- 
ciation or  corporation  except  upon  election  to  be  first  held  by  the 
•qualified  voters  of  such  municipality  and  the  assent  of  three- 
fourths  of  the  votes  cast  at  such  election,  nor  shall  any  such  munici- 
pality become  a  stockholder  with  others  in  any  company  except 
upon  a  like  election  and  the  assent  of  a  like  majority. 

Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  free 
State,  and  shall  not  be  allowed. 

If  a  bill  has  been  rejected  by  the  Legislature  no  bill  containing 
the  same  substance  shall  be  passed  into  a  law  during  the  same 
session. 

The  credit  of  the  State  shall  not  be  allowed  or  given  to  or  in 
-aid  of  any  person,  association,  company,  corporation  or  municipal- 
it3^,  nor  shall  the  State  become  the  owner  in  whole  or  in  part  of 
any  bank  or  a  stockholder  with  others  in  any  company  or 
municipality. 

The  Legislature  shall  have  no  power  to  suspend  any  general  law 
ior  the  benefit  of  any  particular  individual,  and  the  General 
Assembly  shall  jn-ovide  by  general  laws  for  the  organization  of  all 
■corporations. 

II.  CORPORATIONS. 

Corporations  may  be  formed  by  five  or  more  persons  and  shall 
prepare  a  form  of  charter  adapted  to  its  purposes,  and  append 
thereto  an  application  to  the  State  for  a  charter.  This  applica- 
tion when  probated  as  herinafter  provided  and  certificates  shall  be 
registered  in  the  county  where  the  principal  office  of  the  company 
is  situate  and  also  in  the  office  of  the  Secretary  of  State,  and  a 
certificate  of  registration  given  by  the  Secretary  of  State  shall, 
when  registered  in  the  office  of  the  county  registrar,  complete  the 
formation  of  the  company. 


COMI'ILATIOX    OF    STATUTES.  283 

If  the  company  establish  agents  in  any  other  county  an  instru- 
ment must  also  be  registered  in  that  county.  The  capital  stock  of 
any  com})any  shall  be  deemed  and  held  liable  to  taxation. 

The  non-user  or  any  conipnuy  ineorjioraled  in  this  State  of  a 
part  of  its  powers,  privileges  and  franchises  shall  not  have  the 
effect  to  forfeit  or  to  affect  any  franchises,  right,  power,  privilege 
or  immunity  contained  in  its  charter. 

All  corporations  shall  have  the  authority  and  power  to  lease  and 
dispose  of  their  property  and  franchises  to  a  corporation  of  this 
or  any  other  State  engaged  in  or  carrying  on  or  authorized  by  its 
charter  to  carry  on  in  this  or  any  other  State  the  same  general 
business  as  is  authorized  by  the  charter  of  any  such  lessor  cor- 
poration, and  shall  also  have  the  power  to  make  any  contract  for 
the  use,  enjoyment  and  operation  of  their  property  and  franchises. 
The  contract  or  lease  shall  be  authorized  or  approved  by  a  vote  of 
the  majority  of  the  stock  of  the  lessor  corporation. 

For  the  purpose  of  repairs,  rebuilding  or  enlargement,  or  to 
meet  contingencies  or  for  the  purpose  of  a  sinking  fund,  a  private 
corporation  may  establish  a  fund  Avhich  they  may  loan  in  relation 
to  which  they  may  take  the  proper  securities. 

Foreign  corporations  organized  under  the  laws  of  other  states 
may  become  incorporated  in  this  State  and  carry  on  the  business 
authorized  by  their  respective  states,  and  shall  first  file  in  the  office 
of  the  Secretary  of  State  a  duly  authenticated  copy  of  their  charter, 
and  such  companies  may  then  do  business  and  sue  and  be  sued, 
and  may  purchase,  acquire  and  hold  real  estate  in  fee  simple  neces- 
sary or  suitable  for  the  carrying  on  of  its  business.  The  corpora- 
tion and  its  property  shall  be  liable  for  all  its  debts  and  liabilities 
but  nevertheless  creditors  who  may  be  residents  of  the  State  shall 
have  a  priority  in  the  distribution  of  assets  or  of  the  subjection  of 
the  same  to  the  payment  of  debts  for  all  simple  contract  creditors. 

III.    TEIiEGKAPH  AXD  TEI^EPIIOXE  COMPANIES. 

Any  person  or  a  foreign  or  domestic  corporation  created  for  the 
purpose  of  transmitting  intelligence  by  telegraph  or  telephone  may 
construct,  operate  and  maintain  its  lines  along  and  over  the  public 
highways  and  streets  of  the  cities,  towns  and  across  the  waters  and 
any  land  or  public  works  belonging  to  the  State  and  all  and  every 


284  Telegraph  and  Telephone  Companies. 

land  of  private  individuals,  and  npon,  along  or  parallel  with  any 
of  the  roads  or  turnpikes  of  the  State  provided  the  ordinary 
use  of  such  highways,  railroads  or  turnpikes  shall  not  be  thereby 
obstructed,  and  just  damages  shall  be  paid  to  the  owners  of  such 
lands,  railroads  and  turnpikes  by  reason  of  the  occupation  thereof, 
and  shall  have  the  right  to  procure  condemnation  of  such  property 
and  have  the  right  to  peaceful  entry  upon  lands  to  survey  and  lay 
out  its  lines,  but  any  such  company  shall  not  have  the  power  to 
contract  with  the  owners  of  lands  for  the  right  to  erect,  operate  and 
maintain  such  lines  to  the  exclusion  of  other  persons  or  corpora- 
tions authorized  to  erect  and  operate  similar  lines. 

All  messages,  including  those  received  from  other  telegraph  or 
telephone  companies,  shall  be  transmitted  in  the  order  of  their  de- 
livery correctly  and  without  unreasonable  delay,  and  shall  be 
strictly  confidential,  and  any  officer  or  agent  of  such  company  who 
wilfully  violates  the  foregoing  is  guilty  of  a  misdemeanor  and  the 
company  so  violating  is  liable  in  damages  to  the  party  aggrieved, 
and  any  person  is  guilty  of  a  misdemeanor  who  without  authority 
intercepts  a  message  transmitted  by  telegraph  or  telephone  or  who 
wilfully  destroys  or  injures  any  pole,  wire  or  other  fixture  of  such 
lines,  and  upon  conviction  shall  be  fined  not  more  than  $50,  and 
may  be  imprisoned  in  the  discretion  of  the  court. 

Every  telegraph  or  telephone  company  doing  business  in  the 
State  must,  under  penalty  of  $500  for  each  refusal,  transmit  over 
its  wires  to  localities  on  its  lines  for  any  individual,  corporation  or 
for  telegraph  or  telephone  company  such  messages,  despatches  or 
correspondence  as  may  be  tendered  to  it  by  or  to  be  transmitted  to 
any  individual  or  corporation  or  other  telegraph  or  telephone  com- 
panies at  rates  customarily  asked  and  obtained  for  the  transmission 
of  similar  messages  without  discrimination  as  to  charge  or 
promptness. 

Every  telephone  company  engaged  in  a  general  telephone  busi- 
ness shall  supply  all  applicants  for  telephone  service  and  facilities 
without  discrimination  or  partiality  provided  such  applicants 
comply  with  the  reasonable  regulations  of  the  company,  and  no 
such  company  shall  impose  any  condition  or  restriction  upon  any 
such  applicant  that  are  not  imposed  impartially  upon  all  persons 
or  companies  in  like  situations,  nor  shall  they  discriminate  against 


CoMriLATION"  OF  STATUTES.  285 

any  individual  or  company  engaged  in  lawful  business  by  requiring 
as  a  condition  for  furnishing  such  facilities  that  they  shall  not  be 
used  in  the  business  of  the  apj^licant  or  otherwise.  Any  railroad 
company  operating  telegraph  and  telephone  lines  in  connection 
with  the  railroad,  upon  filing  their  assent  in  the  office  of  the  Secre- 
tary of  State,  shall  thereby  become  clothed  with  the  rights,  powers 
and  privileges  })rovided  for  telegraph  and  telephone  companies. 

IV.    TAXATIOX. 

Telegraph  companies  shall  pay  in  lieu  of  all  other  taxes  except 
ad  valorem  tax  for  messages  transmitted  wholly  within  the  State 
$20  for  100  miles  of  wire,  $200  for  300  miles  of  wire,  $700  for 
1,000  miles  of  wire,  and  for  the  first  5,000  miles  over  1,000  miles 
additional,  $20  for  each  100  miles  or  fraction  and  for  each  100 
miles  of  wire  over  6,000  $10,  and  telephone  companies  shall  pay 
40  cents  tax  on  each  instrument  in  counties  of  over  -40,000  popu- 
lation and  20  cents  on  each  instrument  in  counties  of  less  than  this 
amount  of  population,  but  county  and  municipal  taxes  must  be 
paid  in  addition.  The  State  tax  being  known  as  a  privilege  tax 
must  be  paid  whether  the  companies  make  a  business  of  exercising 
the  foregoing  privileges  or  not,  and  in  default  of  payment  shall  be 
liable  to  pay  a  penalty  of  1  per  cent,  on  the  amount  of  such  delin- 
quent tax  for  each  day's  delinquency. 

All  assessed  taxes  on  real  estate  or  telegraph  and  telephone  com- 
panies shall  be  and  remain  a  first  lien  upon  such  property. 

State  Tax  Assessors  are  appointed  and  the  owners  of  any  rail- 
road, telegraph  or  telephone  property  shall  file  biennially  a  sched- 
ule containing  a  statement  of  the  number  of  miles  of  wire  on  its 
entire  property  within  and  w^ithout  the  State,  and  in  each  incorpo- 
rated town  and  county  the  value  of  the  whole,  the  total  num- 
ber of  instruments  in  use  in  the  State,  and  value,  the  number  of 
batteries  and  value,  the  capital  stock,  the  gross  receipts,  and  the 
location,  value  and  description  of  all  other  property  in  the  State, 
and  such  tax  assessors  shall  thereupon  proceed  to  ascertain  a  value 
of  the  property  for  taxation,  and  having  fixed  the  value  of  any 
property  assessed  shall  file  the  same  with  the  State  Board  of  Equal- 


286  Telegkaph  and  Telephone  Compak^ies. 

ization,  which  board  shall  certify  to  the  Comptroller  the  valuation 
tax  being  put  upon  each  property  assessed  in  this  act,  which  State 
Comptroller  shall  notify  the  owner  of  the  property  of  the  amount 
of  taxes  due,  and  shall  certify  also  to  the  County  Court  clerk  in 
each  county  in  which  such  property  lies,  the  amount  to  be  taxed 
in  such  counties,  and  likewise  to  the  mayor  of  any  incorporated 
town,  the  amount  to  be  taxed  by  such  town,  and  the  taxes  so  as- 
sessed on  behalf  of  the  State  shall  be  collected  by  the  Comptroller, 
and  the  taxes  due  to  any  county  or  municipality  shall  be  collected 
as  other  county  or  municipal  tax. 

The  State  Tax  Assessors  shall  not  assess  any  telephone  and  tele- 
graph property  except  the  lines  of  wire,  poles,  instruments,  paper, 
etc.,  but  real  estate  and  personal  property  having  an  actual  status 
shall  be  assessed  by  regular  county  and  city  assessors. 

The  Board  of  Railroad  Commissioners  are  established  and  shall 
act  ex  officio  as  State  Tax  Assessors. 

All  cities  and  to"UTis  shall  have  full  power  and  authority  to  ascer- 
tain and  declare  boundary  of  streets  and  public  lands  and  grant 
privileges  for  the  use  and  enjoyment  of  the  same. 

Every  ordinance  involving  the  granting  by  the  city  of  a  fran- 
chise for  the  leasing  or  selling  of  any  public  utility,  of  the  grant- 
ing by  the  city  of  any  right  of  way  for  or  over  its  streets  to  any 
telegraph  or  telephone  company,  must  be  submitted  to  the  qualified 
voters  of  such  city  at  a  special  election  to  be  called  for  that  purpose^ 
and  if  the  majority  of  the  qualified  voters  voting  at  such  election 
shall  vote  in  favor  of  such  ordinance,  the  same  shall  become  a  law, 
provided  that  the  expenses  of  such  special  election  shall  be  paid 
by  the  persons  or  corjioration  on  whose  behalf  such  special  election 
shall  have  been  called ;  provided  further,  that  no  such  special  elec- 
tion shall  be  called  within  six  months  after  a  special  or  general 
election. 

V.    LIMITATIONS  OF  TRADE  AND  COMMERCE. 

It  shall  not  be  lawful  for  any  person  or  association  of  persons 
or  any  company  to  form  or  agree  to  or  to  conspire  to  form  any 
trust,  pool  or  corner  or  combination  or  any  other  arrangement  or 
device  in  or  about  any  article  by  limiting  traffic  in  the  production 
or  manufacture  or  sale  of  such  article  that  may  injuriously  affect, 
and  for  the  purpose  of  injuriously  affecting  the  legitimate  trade 


Compilation  of  Statutes.  28T 

and  commerce  of  the  country  or  to  limit  the  supply  or  production 
of  such  article  whereby  the  price  or  produce  of  such  manufactured 
article  or  other  articles  of  legitimate  trade  may  be  unduly  de- 
pressed, and  to  be  unduly  raised  or  increased  for  the  purpose  of 
speculation,  or  purchasing  such  articles  for  the  purpose  of  with- 
drawing them  from  the  market  to  destroy  legitimate  com- 
petition or  to  create  a  monopoly  or  corner  in  the  same  or  to  pro- 
duce an  undue  demand  for  the  same,  and  thus  to  unduly  raise  the 
price  of  such  article  or  by  throwing  the  same  on  the  market  when 
so  accumulated  by  purchase,  for  the  purpose  of  creating  an  undue 
depression  in  the  price  of  such  article,  and  by  such  means  to  de- 
stroy or  injure  legitimate  competition  in  the  production,  manu- 
facture or  sale  of  such  articles,  or  by  any  other  device  or  arrange- 
ment for  the  purpose.  All  such  agreements,  trusts,  pools,  corners 
and  combinations  are  prohibited.  On  conviction  a  fine  shall  be 
imposed  of  not  less  than  $250,  together  with  a  taxed  fee  to  the 
Attorney-General  for  the  conviction. 

Any  contract  made  by  any  person  or  company  to  carry 
out  any  of  the  agreements  or  combinations  hereinbefore  enumerated 
shall  not  be  enforced  in  any  of  the  courts  of  this  State  where  the 
same  shall  be  made  by  citizens  of  this  or  any  other  State,  and  any 
domestic  corporation  violating  these  provisions  shall  forfeit  its  cor- 
porate right  and  franchise,  and  its  corporate  existence  shall  there- 
upon cease  and  determine,  and  it  shall  be  the  duty  of  the  Attorney- 
General  without  leave  or  order  of  any  court  to  institute  action  in 
behalf  of  the  people  in  the  name  of  the  State  for  the  forfeiture  of 
such  rights  and  franchises  and  the  dissolution  of  such  corporate 
existence. 

VI.    LEGISLATURE. 

The  election  for  members  of  the  General  Assembly  shall  be  held 
once  in  two  years. 

The  General  Assembly  shall  meet  on  the  first  Monday  in  Jan- 
nary  next  ensuing  the  election. 


288  Telegraph  and  Telephone  Companies. 


TEXAS. 


I.  CONSTITUTIOX. 

jSTo  private  corporation  shall  be  created  except  by  general  law. 

Xo  corporation  shall  issue  stock  or  bond  except  for  money  paid, 
labor  done  or  property  actually  received  and  all  fictitious  increases 
of  stock  or  indebtedness  shall  be  void. 

Private  property  shall  not  be  taken  for  public  use  without  ade- 
quate compensation  be  first  made,  and  no  irrevocable  or  uncon- 
trollable grant  of  special  franchises  and  privileges  shall  be  made 
but  all  privileges  and  franchises  granted  by  the  Legislature  or  cre- 
ated under  its  authority  shall  be  subject  to  the  control  thereof. 

Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  free 
government  and  shall  never  be  allowed. 

II.  CORPORATIONS. 

Three  or  more  persons  by  voluntary  association  may  create  a 
private  corporation,  and  the  stockholders  shall  be  required  to  pay 
in  or  subscribe,  at  least  50  per  cent,  and  pay  in  at  least  10  per  cent, 
of  their  authorized  capital  before  they  shall  be  authorized  to  do 
business  in  this  State. 

The  charter  of  an  intended  corporation  must  be  subscribed  by 
three  persons,  two  or  more,  at  least,  must  be  citizens  of  this  State, 
which  charter  must  be  filed  in  the  office  of  the  Secretary  of  State, 
who  shall  record  the  same  and  issue  a  certificate  of  the  filing  and 
existence  of  such  corporation. 

Ko  corporation  shall  employ  its  stock,  means  or  assets  directly 
or  indirectly  for  any  other  purpose  whatever  than  to  accomplish 
the  legitimate  objects  of  its  creation. 

If  the  directors  shall  declare  and  pay  a  dividend  when  the  cor- 
poration is  insolvent  or  any  dividend  the  payment  of  which  would 
render  it  insolvent,  they  shall  be  jointly  and  severally  liable 
for  all  of  the  debts  of  the  corporation  then  existing,  and  for  all  that 
shall  be  thereafter  contracted,  so  long  as  they  shall  respectively 
continue  in  office. 

The  principal  office  of  each  corporation  must  be  kept  in  the 
State. 


CoMriLATiox  or  Statutes.  289 

Foreign  corporations  desiring  to  do  business  within  the  State 
shall  file  with  the  Secretary  of  State  a  certified  copy  of  its  articles 
of  incorporation  and  the  Secretary  of  State  shall  then  issue  to  it  a 
permit  to  transact  business  in  the  State,  provided,  if  such  com- 
pany so  obtaining  a  permit  shall  acquire  any  real  property  it  shall 
iilienate  such  property  so  acquired  by  it  not  necessary  for  the  j^ur- 
poses  of  such  corporation  within  fifteen  years  from  the  time  of 
acquisition,  and  no  such  permit  shall  be  issued  for  a  period  longer 
than  fifteen  years,  which  permit,  however,  may  be  extended. 

Corporations  created  for  the  purpose  of  constructing  and  main- 
taining telegraph  lines  are  authorized  to  set  their  poles  and  other 
fixtures  upon  and  along  any  of  the  public  roads,  streets  or  waters 
of  the  State  in  such  a  manner  as  not  to  incommode  the  public  in 
their  use  thereof,  and  may  also  enter  upon  such  lands  for  the 
purpose  of  making  a  preliminary  examination  with  a  view  of  erect- 
ing such  lines. 

Such  companies  may  consolidate  with  any  other  company^  either 
domestic  or  foreign. 

IV.    TAXATION. 

All  property,  real  or  personal,  except  such  as  is  required  to  be 
listed  and  assessed  otherwise,  shall  be  listed  and  assessed  in  the 
county  Yv^here  situate. 

All  telegraph  companies  shall  list  all  of  their  property,  real  and 
personal,  giving  the  number  of  miles  of  line  in  the  county  where 
such  lines  are  situated  at  their  true  and  full  value  and  shall  make 
a  statement  setting  forth  the  number  of  miles  of  telegraph  in  the 
county  and  the  value  of  the  telegraph  and  its  appurfenances  in 
the  county.  The  value  of  all  property  of  com]ianies  and  corpora- 
tions other  than  the  preceding  named  property  and  other  fran- 
chise and  the  description  and  value  thereof,  and  such  proi^crty 
shall  be  listed  for  taxation  by  the  assessors  of  each  county. 

The  commissioners  of  the  several  counties  shall  convene  and  sit 
as  a  Board  of  Equalization  annually,  and  each  and  every  incor- 
porated telegraph  company,  domestic  or  foreign,  doing  business  in 
the  State  shall,  in  addition  to  ad  valorem  tax  on  tangible  properties, 
pay  a  tax  on  their  intangible  assets  and  property  which  shall  be 
assessed  by  the  Comptroller  of  Public  Accounts  of  the  State,  with 
Vol.   2—19 


290  Telegeaph  and  Telephone  Companies. 

whom  such  companies  shall  file  a  full  statement,  giving  its  name 
and  business,  its  principal  office,  the  amount  and  kind  of  business 
done  and  its  total  gross  receipts,  including  the  due  proportion  of 
its  inter-state  business  if  it  has  done  any  of  that  character ;  its  cap- 
ital, number  of  shares  issued  and  outstanding  and  the  par  or  face 
value  of  each  share,  together  with  its  market  value;  a  description 
of  its  real  estate  and  the  improvements  thereon,  and  the  machinery, 
fixtures,  appliances  and  other  tangible  property  and  the  location 
and  assessed  valuation  thereof  and  the  place  of  its  assessment ;  and 
a  description  of  the  property  owned  and  held  ouside  of  the  State, 
and  the  amount  at  which  the  same  is  assessed  for  taxation  and  the 
locality  in  which  it  is  assessed,  and  a  statement  of  each  and  every 
lien  and  mortgage  and  charge  upon  the  whole  or  any  part  of  its 
property  and  a  statement  of  the  income  used  for  repairs  and  the 
amount  for  development  and  extensions  and  each  telegraph  com- 
pany shall  also  set  forth  the  total  length  of  all  of  its  lines  inside 
or  outside  the  State;  the  total  length  of  its  lines  in  each  county 
or  State  and  the  length  of  the  lines  shall  Ije  estimated  and  stated 
according  to  its  mileage  of  poles,  conduits  and  cables,  or  either. 

Such  Comptroller  of  Public  Accounts  shall  place  all  the  facts 
and  statements  before  the  State  Tax  Board,  which  shall  ascertain 
facts  and  determine  the  true  value  of  each  such  property  and  of 
the  extent  thereof  situated  within  the  State  and  the  respective 
values  of  the  several  portions  within  the  different  counties  in  each 
in  which  portions  are  taxable. 

In  fixing  the  true  cash  value  of  the  property  of  the  company, 
the  State  Tax  Board  shall  add  to  the  value  of  its  shares  the  value 
of  all  indebtedness  secured  by  mortgage  or  other  charge  and  shall 
next  ascertain  the  true  value  of  each  piece  of  real  estate  situated 
outside  the  State  and  of  its  other  properties  not  specifically  used 
in  its  business  and  shall  deduct  the  value  thereof  from  the  gross 
value  of  the  property  and  the  value  thereby  produced  shall  be 
estimated  as  the  true  cash  value  of  all  of  the  property  of  such 
company  in  actual  use  of  its  business  and  the  State  Tax  Board 
shall  then  fix  the  value  of  the  property  within  the  State  and  shall 
deduct  the  value  of  all  the  property  and  assets  of  the  company  as 
the  same  is  found  to  be  assessed  for  State  and  county  taxation  in  the 
locality  where  the  same  is  legally  taxable  and  the  remainder  and 
residue  of  value  shall  be  by  the  State  Tax  Board  determined  and 


COMI'ILATIOX    OF    STATUTES.  20  i 

fixed  as  the  true  value  of  the  unassessed  franchises  and  intangible 
properties  owned  and  held  by  such  companies  within  the  State, 
which  sum  shall  be  apportioned  among  and  between  the  counties 
in  which  such  companies  do  business  in  proportion  to  the  amount 
of  business  done  in  and  the  receipts  derived  from  each  locality 
except  that  in  the  case  of  railroad  or  telegraph  company,  the  appor- 
tionment shall  be  in  proportion  to  the  line  or  cars  employed  therein, 
and  shall  annually  report  to  the  tax  assessor  of  each  county  a 
description  of  the  property  taxable  therein  and  the  value  thereof 
apportioned  to  such  county  and  the  property  shall  thereupon  be 
assessed  by  the  assessor  for  taxation  in  like  manner  as  other  prop- 
erty, and  shall  be  equalized  and  taxed,  and  the  taxes  collected 
as  in  the  case  of  other  property. 

Each  company  or  person  operating  or  controlling  any  tele- 
graph line  and  charging  for  the  transmission  of  messages  shall 
pay  an  annual  tax  of  3  per  cent,  on  their  gross  receipts  from  all 
sources  within  the  State.  And  every  person  or  company  operating 
or  controlling  any  telephone  line  and  charging  for  the  use  of  the 
same,  shall  pay  a  tax  of  li/o  per  cent,  upon  their  gross  receipts 
within  the  State. 

Each  corporation  shall  annually  pay  a  franchise  tax  to  the 
Secretary  of  State  based  upon  its  capital  stock  or  fractional  part 
thereof,  whether  such  corporation  shall  be  a  domestic  or  foreign 
corporation  and  this  tax  shall  be  computed  upon  the  basis  of  the 
authorized  capital  stock  as  stated  in  the  articles  of  incorporation 
or  in  certificate  of  increase  thereof. 

The  city  council  of  any  city  shall  have  power  to  license,  tax  and 
regulate  all  trades  and  occupations,  the  tax  on  which  is  not  pro- 
hibited by  the  statutes,  which  tax  shall  not  be  construed  to  be  a 
tax  on  property  and  such  council  shall  have  the  power  to  establish 
regulations  to  prevent  the  encumbrance  of  its  streets  or  public 
places  with  poles  or  any  other  substances  or  material  or  in  any 
other  manner  whatsoever.  And  ^all  have  power  within  the  city 
by  ordinance  to  annually  levy  and  collect  taxes  not  exceeding  one- 
fourth  of  one  per  cent,  on  the  assessed  value  of  all  real  and  personal 
estate  and  property  in  the  city  not  exempt  by  the  statutes  and 
laws  of  the  State,  and  shall  have  power  to  levy  and  collect  taxes 
commonly  kno^vn  as  licenses  and  provide  by  ordinance  for  the 
assessing  and  collection  of  the  same. 


292  Telegkaph  and  Telephone  Companies. 

All  extortionate  and  unreasonable  rates  charged  bv  public 
utility  corporations  are  hereby  declared  to  be  unlawful  and  the 
District  Courts  of  the  State  are  vested  with  jurisdiction  to  regu- 
late, prevent  and  abolish  the  same  and  to  this  end  such  courts  are 
given  the  power  and  authority  whenever  the  public  necessity  may 
require  to  fix  and  establish  rates  for  the  service  and  production 
of  all  public  utility  corporations  and  whenever  the  public  neces- 
sity may  require  and  to  carry  out  the  provisions  herein  conferred, 
the  said  courts  are  expressly  authorized  to  issue  injunctions  and  all 
other  writs  for  the  purpose  to  carry  out  and  make  effective  the 
provisions  of  this  act. 

Cities  or  towns  may  invoke  the  power  of  the  District  Court  by 
a  two-thirds  vote  of  all  the  members  elected  to  the  said  city  or 
town  council  by  passing  a  resolution  setting  forth  the  matter  com- 
plained of  and  name  of  corporation  against  whom  such  complaint 
is  made,  causing  a  copy  of  the  same  to  be  delivered  to  the  jn-esi- 
dent,  vice-president,  or  secretary  of  such  company,  or  to  cause  a 
copy  of  such  resolution  to  be  left  at  its  principal  office  and  if 
within  twenty  days  thereafter  the  wrong  complained  of  shall  not 
be  corrected,  a  petition  may  be  filed  in  the  name  of  the  city  or 
town  against  such  company  and  process  shall  issue  therein  and 
the  case  shall  be  set  down  for  trial  and  shall  be  a  preferred  case. 
And  upon  the  trial  thereof  it  shall  be  the  duty  of  the  court  or  jury 
in  arriving  at  a  decision  as  to  Avhether  or  not  the  rates  complained 
of  are  reasonable  or  extortionate  and  in  fixing  the  rates  to  con- 
sider the  cost  of  construction  of  the  plant  of  the  public  utility 
corporation  against  which  the  petition  is  filed ;  the  cost  of  oper- 
ating its  plant  and  its  maintenance,  repairs  and  fixed  charges,  the 
amount  invested  therein  and  such  other  matters  as  may , be  ma- 
terial to  the  issue;  and  after  a  full  hearing  of  all  the  evidence 
adduced,  the  court  or  jury  thereof  shall  have  power  and  it  shall 
be  their  duty  to  fix  the  rates  which  may  be  charged  by  such  public 
utility  corporation  provided  the  rates  fixed  must  be  sufficient 
to  yield  such  company  not  less  than  10  per  cent,  upon  the  invest- 
ment and  the  same  shall  continue  in  force  for  the  period  of  ten 
years  and  the  rates  so  fixed  shall  be  entered  or  recorded  upon  the 
minutes  of  the  court,  and  shall  be  held  conclusive  as  reasonable, 
fair  and  just  and  shall  remain  for  three  years  as  the  rates  to  be 
charged  by  such  corporation  unless  changed  or  modified  by  the 


COMPILATIOX  OF  STATUTES.  293 

judgment  of  said  District  Court  or  by  the  Appellate  Courts  to 
which  either  of  the  parties  to  said  suit  may  appeal  and  upon  such 
ap23eal,  if  final  judgment  may  be  rendered,  the  court  rendering 
such  judgment  shall  order  in  its  decree  the  enforcement  of  the 
same  and  such  coui't  is  specially  authorized  to  ])rovide  in  its 
decree  if  the  same  be  not  obeyed  according  to  the  terms  thereof, 
said  corporation,  if  a  domestic  company,  shall  forfeit  its  charter; 
if  a  foreign  corporation,  shall  forfeit  its  tei'm  of  doing  business. 
The  public  utilities  included  within  the  meaning  of  this  act 
are  water  companies,  gas  companies,  electric  light  or  power  com- 
panies, tele])hone  companies,  sewerage'  companies,  whether  do- 
mestic or  foreign. 

V.    CRI^IES  AND   PEXALTIES. 

If  any  person  intentionally  break,  tear  down,  misplace  or  injure 
any  telegraph  or  telephone  wire,  pole  or  appurtenance,  or  wilfully 
obstruct  or  interfere  wuth  the  transmission  of  messages  along  such 
line,  he  shall  be  punished  by  imprisonment  for  not  more  than 
five  years  or  by  a  fine  of  not  more  than  $2,000. 

Any  officer  or  employee  of  a  telegraph  company  who  shall  wil- 
fully divulge  the  contents  of  any  warrant,  affidavit  or  telegram  re- 
lating to  any  crime  already  committed  or  for  the  prevention  of 
the  same,  shall,  upon  conviction,  be  fined  not  less  than  $1,000,  or 
imprisonment  not  more  than  five  years. 

The  formation  of  trade  unions  and  other  organizations  for  the 
purpose  of  protecting  themselves  in  their  personal  work  is  per- 
mitted, and  it  shall  not  be  held  unlawful  for  any  member  of  such 
trade  union  to  induce  or  attempt  to  induce  by  peaceful  and  lawful 
means  any  person  to  accept  any  particular  employment  or  quit  or 
relinquish  any  ])articular  employment  in  which  such  person  may 
then  be  engaged,  ^irovided  such  members  of  such  union  shall  not 
have  the  right  to  invade  or  trespass  upon  the  premises  of  any  owner 
without  the  consent  of  the  owner,  and  that  the  foregoing  shall  not 
apply  to  any  person  or  association  of  persons  formed  for  the 
purpose  of  limiting  the  production  or  consumption  of  products  or 
for  any  purpose  in  restraint  of  trade. 

The  issuance  of  tickets,  checks  and  writings  redeemable  in  goods 
or  merchandise  is  forbidden  as  is  coercion  or  blacklisting. 

Blacklisting  is  the  placing  or  causing  to  be  placed  the  name  of 
any  discharged  employee  or  any  employee  who  is  voluntarily  left 


204-  Telegkapii  axd  Telephone  Companies. 

the  service  of  any  individual  firm,  company  or  corporation  on  ai;y 
book  or  list  or  put  it  in  any  newspaper,  periodical,  letter  or  circu- 
lar with  the  intent  to  prevent  such  employee  from  securing  employ- 
ment of  any  kind  with  any  other  person,  firm,  corporation  or  com- 
pany, either  in  a  public  or  private  capacity. 

A  trust  is  a  combination  of  capital,  skill  or  acts  by  two  or  more 
persons,  firms,  corporations  or  associations  of  persons  or  either  two 
or  more  of  them  for  either,  any  or  all  of  the  following  purposes : 
'To  create  or  Avhich  may  tend  to  create  or  carry  out  restrictions 
in  trade  or  commerce  or  aids  to  commerce  or  in  the  preparation  of 
any  product  for  market  or  transportation,  or  to  create  or  carry  out 
restrictions  in  the  free  pursuit  of  any  business  authorized  or  per- 
mitted by  the  laws  of  this  State.  To  fix,  maintain,  increase  or 
reduce  the  price  of  merchandise,  produce  or  commodities,  or  the 
business  of  insurance,  or  of  the  preparation  of  any  product  for  the 
market  or  transportation.  To  prevent  or  lesson  competition  in  the 
manufacture,  making,  transportation,  selling  or  purchasing  of 
merchandise,  produce  or  commodities  or  of  insurance,  or 
to  prevent  or  lessen  competition  in  aids  of  commerce  or  in  the 
preparation  of  any  product  for  market  or  transportation.  To  fix 
or  maintain  any  standard  or  figure  whereby  the  price  of  any  article 
or  commodity  of  merchandise,  produce  or  commerce  or  the  cost 
of  transportation  or  insurance  or  in  the  preparation  of  any  pro- 
duct for  market  or  transportation,  shall  be  in  any  manner  af- 
fected, controlled  or  established.  To  make,  enter  into,  maintain, 
execute  or  carry  out  any  contract,  arrangement  or  agreement  by 
which  the  parties  thereto  bind  or  have  bound  themselves  not  to  sell, 
dis])ose  of,  transport  or  to  prepare  for  market  or  transportation  of 
any  article  or  commodity  or  to  make  any  contract  on  insurance  at  a 
price  below  a  common  standard  or  figure,  or  which  they  shall  agree 
in  any  manner  to  keep  the  price  of  such  article  or  commodity  or 
cliarge  for  transportation  or  insurance  or  the  cost  of  the  prepara- 
tion of  any  ])rodnct  for  market  or  transportation  at  a  fixed  or 
graded  figure  or  by  which  they  shall  in  any  manner  ajffect  or  main- 
tain the  price  of  any  commodity  or  article,  cost  of  transportation 
or  insurance,  or  the  cost  of  the  preparation  of  any  product  for 
iiiai'kct,  or  the  transpf)rtation  l^etweeu  them  or  themselves  and 
others,  to  preclude  a  free  and  tnirestricted  competition  among  them- 


CoMPiLATiox  OF  Statutes.  295 

selves  or  others  in  the  sale  or  transportation  of  any  such  article  or 
commodity  of  business  or  transportation  or  insurance  or  the  prepa- 
ration of  any  product  for  market  or  transportation,  or  by  which 
they  shall  agree  to  jjooI,  combine  or  unite  any  interest  they  may 
have  in  connection  with  the  sale  or  purchase  of  any  article  or  com- 
modity or  charge  for  transportation  or  insurance  or  charge  for  the 
preparation  of  any  product  for  market  or  transportation  whereby 
its  price  or  such  charge  might  be  in  any  manner  affected.  To 
regulate,  fix  or  limit  the  duty  put  on  any  article  or  commodity 
Avhich  may  be  manufactured,  mined,  produced  to  be  sold,  or  the 
amount  of  insurance  which  may  be  undertaken,  or  the  amount  of 
work  that  may  be  done  in  the  preparation  of  any  product  for 
market  or  transportation.  To  abstain  from  engaging  in  or  con- 
tinuing business  or  from  the  purchase  or  sale  of  merchandise,  pro- 
duce or  commodities  partially  or  entirely  within  the  State  or  any 
portion  thereof. 

A  monopoly  is  a  combination  or  consolidation  of  two  or  more 
corporation  when  effected  in  either  of  the  following  manners: 

When  the  direction  of  the  affairs  of  two  or  more  corporations 
is  in  any  manner  brought  under  the  same  management  or  control 
for  the  purpose  of  i)roducing  or  where  such  owning,  management 
or  control  tends  to  create  a  trust  as  defined  in  the  first  section  of 
this  act.  "Where  any  corporation  acquires  the  shares  or  certificates 
of  stock  or  Ijouds,  fraiicliise,  or  other  rights  or  the  physical  prop- 
erties or  any  part  thereof  of  any  other  corporation  or  corporations 
for  the  pur])ose  of  preventing  or  lessening,  or  where  the  acquiring 
of  such  accpiisition  tends  to  affect  or  lessen  competition,  whether 
such  acquisition  is  accomplished  direcrly  or  through  instrumen- 
tality of  trustees  or  otherwise. 

Either  or  any  of  the  following  act,'^  shall  constitute  a  conspiracy 
in  restraint  of  trade.  Where  any  two  or  more  persons,  firms  or 
corporations  or  associations  of  persons  where  engaged  in  buying  or 
selling  any  article  or  merchandise,  produce  or  any  commodity, 
enter  into  an  agreement  or  understanding  to  refuse  to  part  with 
or  sell  to  any  other  person,  firm,  corporation  or  association  of  per- 
sons any  article  of  merchandise,  produce  or  conmiodity,  nor  any 
two  or  more  persons,  firms,  corporations  or  associations  of  persons 
shall  agree  to  boycott  or  threaten  to  refuse  to  buy  from  or  sell  to 


296  Telegkaph  and  Telephone  Companies. 

any  person,  firm,  corporation  or  association  of  persons  either  buy- 
ing from  or  selling  to  any  other  person,  firm,  corporation  or  asso- 
ciation of  persons. 

Any  and  all  trusts,  monopolies  and  conspiracies  in  restraint  of 
trade  and  hereinbefore  defined  and  prohibited  and  declared  to  be 
illegal,  and  any  corporation  holding  a  charter  nnder  the  laws  of 
this  State  who  shall  violate  any  of  the  provisions  of  this  act  shall 
thereby  forfeit  its  charter  and  franchise,  and  its  corporate  existence 
shall  cease  and  determine. 

For  a  violation  of  this  act  it  shall  be  the  duty  of  the  Attorney- 
General  upon  his  own  motion  and  without  leave  or  order  of  any 
judge  or  court  to  institute  injunction  or  quo  tvarranto  proceedings- 
at  the  capital  or  the  county  seat  of  any  county  in  State  where  such 
corporation  does  business,  or  may  have  a  domicile  for  the  forfeiture 
of  its  charter,  rights  and  franchise  and  the  dissolution  of  its  cor- 
porate existence. 

When  a  domestic  corporation  shall  have  been  convicted  of  a 
violation  of  any  of  the  provisions  of  this  act  and  its  charter  and 
franchises  have  been  forfeited,  no  other  corporation  to  which  the 
defaulting  company  may  have  transferred  its  property  and  busi- 
er which  may  have  assumed  the  payment  of  its  obligations  shall  be 
permitted  to  incorporate  or  do  business  in  this  State. 

Every  foreign  corporation  violating  the  provisions  of  this  act 
is  hereby  denied  the  right  and  is  prohibited  from  doing  any  busi- 
ness within  this  State  and  it  shall  be  the  duty  of  the  Attorney- 
General  to  enforce  this  provision  by  injunction  or  other  proceed- 
ings in  the  district  courts  of  the  State  in  the  name  of  the  State, 
and  where  any  such  foreign  corporation  has  been  affected  by  a  vio- 
lation of  any  of  the  provisions  of  this  act,  and  its  right  to  do 
business  in  this  State  has  been  forfeited,  any  other  corporation  to 
which  the  defaulting  company  may  have  transferred  its  projDerty 
and  business,  or  which  has  assumed  and  taken  up  this  obligation, 
shall  not  be  permitted  to  incorporate  or  do  business  in  this  State. 

Each  and  every  firm,  person,  corporation  or  association  of  per- 
sons who  shall  in  any  manner  violate  any  of  the  provisions  of  this 
act  shall  for  each  and  every  day  that, such  violation  shall  be  com-" 
mitted  or  continued  forfeit  and  pay  the  sum  of  $50  which  may  be 
recovered  in  the  name  of  the  State  in  any  county  where  the  offense 


COMPILATIOX  OF  STATUTES.  297 

is  committed  or  where  either  of  the  offenders  reside,  and  it  shall 
be  the  duty  of  the  Attorney-General  or  the  district  or  county  attor- 
ney under  his  direction  to  prosecute  for  the  recovery  of  the  same, 
and  the  fees  of  the  prosecuting  attorney  for  representing  the  State 
in  proceedings  under  this  act  shall  be  over  and  above  the  fees 
allowed  him  under  the  general  fee  bill. 

Any  contract  or  agreement  in  violation  of  the  provisions  of  tlila 
act  shall  be  absolutely  void  and  not  enforceable,  either  in  law  or  m 
•equity. 

In  addition  to  the  penalty  and  forfeiture  herein  provided  for, 
every  person  violating  this  act  may  further  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  nor  more  than 
ten  years. 

In  prosecutions  for  the  violation  of  any  of  the  provisions  of  this 
act,  evidence  that  any  person  has  acted  as  the  agent  of  a  corporation 
in  the  direction  of  its  business  in  this  State  shall  be  received  as 
prima  facie  proof  that  his  act  in  the  name  and  on  the  behalf  or 
interest  of  the  corporation  of  which  he  was  acting  as  the  agent 
was  the  act  of  the  corporation. 

Upon  the  application  of  the  Attorney-General  or  of  any  district 
or  county  attorney  made  to  any  justice  of  the  peace  in  this  State 
and  stating  that  he  has  reason  to  believe  that  a  Avitness  who  is  to  be 
found  in  the  county  of  which  such  justice  of  the  peace  is  an  officer, 
knows  of  a  violation  of  any  of  the  provisions  of  this  act,  it  shall  be 
the  duty  of  the  justice  of  the  peace  to  whom  such  application  is 
made  to  have  summoned  and  to  have  examined  such  witness  in 
relation  to  the  violation  of  any  of  the  provisions  of  this  act,  such 
witness  to  be  summoned  as  to  be  provided  for  in  corporate  cases. 
The  said  witness  shall  be  duly  sworn  and  the  justice  of  the  peace 
shall  cause  the  statement  of  the  witness  to  be  reduced  to  writing 
and  signed  and  sworn  to  before  him,  and  such  sworn  statement 
shall  be  delivered  to  the  Attorney-General,  district  or  county  at- 
torney upon  whose  application  the  witness  was  summoned.  .Should 
the  witness  sniumoned  as  aforesaid  fail  to  appear  or  to  make 
statement  to  the  facts  within  his  knowledge  under  oath  or  to  sign 
the  same  after  it  has  been  reduced  to  writing,  he  shall  be  guilty 
of  contempt  of  court  and  may  be  fined  not  exceeding  $100,  and 
may  be  attached  and  imprisoned  in  the  county  jail  until  he  shall 


298  Telegraph  axd  Telepiioxe  Companies. 

make  a  full  statement  of  the  facts  within  his  knowledge  with 
reference  to  the  matter  inquired  about.  Any  person  so  summoned 
and  examined  shall  not  be  liable  to  prosecution  for  any  violations 
of  the  provisions  of  this  act  about  which  he  may  testify  fully  and 
without  reserve. 

All  actions  authorized  and  brought  under  this  act  shall  have 
precedence  on  motion  of  the  prosecuting  attorney  or  the  Attorney- 
General  over  all  other  business,  civil  and  criminal,  except  criminal 
cases  where  the  defendants  are  in  jail. 

VII.    LiEGISLiATURE. 

The  Legislature  shall  meet  bienniallv. 


COMI'ILATIOX    OF    STATUTES.  290 


UTAH. 


I.  CONSTITUTION. 

Corporations  shall  not  be  created  by  special  acts. 

Xo  corporation  shall  lease  or  alienate  any  franchise  so  as  to 
relieve  the  franchise  or  property  held  thereunder  from  the  liability 
of  the  lessor  or  g'rantor,  lessee  or  ii'rantcc,  contraeted  or  incurred 
in  operation,  nse  or  enjoyment  of  sn(di  franchise  or  any  of  its 
privileges. 

Xo  right  shall  be  granted  to  construct  and  operate  a  railroad, 
telegraph  or  telephone  plant  within  any  city  or  incorporated  town 
without  the  consent  of  the  legal  authorities  who  have  control  of 
the  streets  or  highways  proposed  to  be  occupied  for  such  purpose. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation. 

Xo  officer  or  employee  of  a  corporation  doing  business  under  or 
by  virtue  of  an^■•  municipal  power  or  franchise  shall  be  eligible  to 
or  permitted  to  hold  any  municijial  office  in  the  municipality 
granting  such  charter  or  franchise. 

Any  combination  of  individuals,  corporations  or  association  hav- 
ing for  its  object  or  effect  the  controlling  of  the  price  of  any  pro- 
duct of  the  soil  or  of  any  article  of  manufacture  or  commerce  or 
the  cost  of  exchange  or  transportation  is  prohibited,  declared  un- 
lawful and  against  public  policy. 

Xo  law  shall  be  passed  granting  irrevocably  any  franchise,  privi- 
lege or  immunity. 

II.  CORPORATIONS. 

Any  number  of  persons  not  less  than  live  nuiy  form  a  corporation. 
One  of  the  incorporators  must  be  a  resident  of  the  State  and  the 
incorporators  shall  enter  into  an  agreement  in  writing,  verified, 
setting  forth  its  name,  place  of  business,  the  name  and  address  of 
incorporators,  duration,  whicli  shall  not  be  less  than  three  or  more 
than  TOO  years,  the  amount  of  stock  and  its  division,  and  to  this 
agreement  shall  be  added  the  oath  of  three  or  more  incorporators 
that  it  is  hona  fide  their  intention  to  connuence  and  carry  on  the 


300  Telegraph  axd  Telephone  Companies. 

business  therein  mentioned,  and  that  the  affidavits  verily  believe 
that  each  party  to  the  agareement  has  paid  or  is  able  to  and  will  pay 
the  amount  of  stock  subscribed  by  him,  provided  that  such  affidavit 
shall  not  be  made  until  at  least  10  per  cent,  of  the  stock  of  the 
capital  stock  of  the  company  has  been  paid  in,  which  agreement  be 
with  the  oath  or  affirmation  thereto  shall  within  ten  days  thereof 
be  deposited  with  the  county  clerk  of  the  county  in  which  the 
general  business  of  the  comjDany  is  to  be  carried  on,  which  county 
clerk  shall  issue  a  certificate  to  the  effect  that  such  agreement  and 
affirmation  has  been  filed  in  his  office,  which  certificate  together 
with  copy  of  the  agreement  and  affirmation  must  be  filed  in  the 
office  of  the  Secretary  of  State. 

jSTon-user  for  a  period  of  two  years  of  a  franchise  acquired 
under  this  act  shall  be  deemed  a  forfeiture  of  the  corporate  rights, 
privileges  and  franchise. 

Foreign  corporations  nnist  file  with  the  secretary  and  with  the 
county  clerk  of  the  county  where  the  principal  office  is  situate  a 
certified  copy  of  their  incorporation  and  by-laws  and  of  all  alter- 
ations or  amendments  thereof,  and  shall  before  d^ing  business  in 
the  State  accept  by  resolution  by  the  board  of  directors  the  pro- 
visions of  the  State  constitution  and  designate  some  person  resid- 
ing in  the  county  in  Avhich  its  principal  place  of  business  is  sit- 
uated upon  whom  process  may  be  served. 

Any  foreign  corporation  failing  to  comply  with  the  provisions 
of  this  act  shall  not  be  entitled  to  the  benefit  of  the  laws  of  the 
State,  and  any  person  acting  as  agent  of  a  foreign  corporation 
which  shall  neglect  or  refuse  to  comply  with  the  provisions  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  personally  liable 
for  any  and  all  contracts  made  in  the  State  by  him  for  and  on 
behalf  of  such  company  during  the  time  that  it  shall  remain  in 
default. 

III.    TELEGRAPH  AND  TELEPHONE  C03IPANIES. 

Contracts  made  by  telegraph  shall  be  deemed  contracts  in  writ- 
ing, and  notice  by  telegraph  shall  be  deemed  actual  notice,  pro- 
vided the  despatch  contaiuiiig  the  same  be  delivered  to  the  person 
and  any  power  of  attorney  or  instrument  in  writing  duly  approved 
or  acknowledged  may  with  the  certificate  of  its  acknowledgment  be 
sent  by  telegraph. 


COMPILATIOX    OF    STATUTES.  301 

Checks,  due-bills,  promissory  notes,  bills  of  exchange,  and  all 
orders  or  agreements  for  the  payment  or  delivery  of  money  or 
other  thing  of  value  may  be  made  or  drawn  by  telegraph. 

Any  summons,  writ  or  order  in  a  civil  suit  or  proceeding  and  all 
other  papers  requiring  service  may  be  transmitted  by  telegraph  for 
service  in  any  place,  and  the  telegraphic  copy  thereof  so  trans- 
mitted may  be  served  or  executed  by  the  officer  or  person  to  whom 
it  is  sent  for  that  purpose  and  returned  by  him,  if  a  return  be 
requisite  in  the  same  manner. 

Any  magistrate  may  by  endorsement  of  a  warrant  of  arrest 
authorize  the  service  by  telegraph,  and  thereafter  a  telegraphic  copy 
thereof  may  be  sent  to  one  or  more  peace  officers,  and  such  copy  is 
as  effectual  in  the  hands  of  such  officer  and  he  may  proceed  there- 
under as  though  he  held  an  original  warrant. 

The  right  of  eminent  domain  may  be  exercised  in  behalf  of  tele- 
graph and  telephone  lines. 

V.    TAXATION. 

All  property  and  franchises  owned  by  telegraph  or  telephone 
companies  must  be  assessed  by  the  State  Board  of  Equalization. 

Telegraph  and  telephone  lines  operated  wholly  within  one  county 
and  its  franchises  therein  must  be  listed  and  assessed  in  the  county 
in  which  such  property  is  located,  and  that  company  shall  furnish 
a  list  of  the  number  of  miles  of  such  property  operated  therein  and 
the  value  thereof. 

Every  person  or  company  owning  or  operating  a  telegraph  or 
telephone  line  in  the  State  must  annually  furnish  to  the  State 
Board  of  Equalization  a  verified  statement  showing  in  detail  all 
the  property,  real  and  personal,  owned  by  it  in  the  State,  and  state- 
ment of  mileage  in  each  county.  And  the  board  shall  assess  the 
property  and  franchise  of  all  telegraph  and  telephone  companies 
in  the  State,  and  must  apportion  the  total  assessment  of  all  the 
property  and  franchises  of  such  companies  to  the  several  counties 
through  or  into  which  the  property  of  such  company  extends  or 
operates,  and  their  rights  of  way  and  other  real  property  respec- 
tively shall  be  apportioned  to  such  counties  in  proportion  to  the 
value  thereof  in  each  county  and  shall  transmit  such  apportion- 
ment to  the  county  auditor  who  shall  enter  the  statement  on  the 


30'2  Telegraph  and  TEEEnioxE  Compaxies. 

assessment  book  or  roll  of  the  county,  and  the  board  of  county  com- 
missioners must  cause  to  be  entered  in  the  proper  record  an  order 
stating  and  declaring  the  property  assessed  by  the  State  Board  of 
Equalization  apportioned  to  such  county  and  such  county  commis- 
sioners acting  as  a  board  of  equalization  for  the  county,  shall  in 
like  manner  apportion  the  assessed  valuation  of  all  the  ]")roperty 
and  franchises  of  telegraph  and  telephone  companies  in  such 
county  to  the  several  city,  town,  school,  road  and  other  tax  dis- 
tricts in  the  county  through  and  into  which  such  property  extends, 
and  the  county  auditor  shall  transmit  to  such  tax  district  a  copy 
of  such  county  apportionment.  The  city  council  has  power  to  regu- 
late the  use  of  streets  and  public  places,  to  prevent  and  remove 
obstructions  and  encroachments  thereon,  to  construct  and  maintain 
telephone  lines  or  to  authorize,  the  construction  and  maintenance  of 
the  same  by  others,  or  to  purchase  and  lease  any  or  all  of  such 
works  or  any  person  or  corporation  to  prohibit  or  regulate  the 
erection  of  telcgrai)h,  telephone  or  electric  light  poles  in  the  streets 
or  other  jjublic  places,  and  the  placing  of  wires  thereon,  and  to 
require  the  removal  therefrom,  and  to  place  underground  any  or 
all  telegrai^h,  telephone  or  electric  light  wires,  and  to  raise  revenue 
by  collecting  and  levying  a  licence  fee  or  tax  on  any  private  cor- 
poration or  business  within  the  limits  of  the  municipality. 

V.    CRIMES  AND  PENALTIES^ 

Wilful  sending  by  telegraph  of  a  false  or  forged  message  or 
wilful  delivering  the  same  or  conspiring  to  furnish  or  cause  to 
be  furnished  to  any  agent  or  employee  to  be  sent  any  such  message, 
knowing  the  same  to  be  false  or  forged,  is  punishal)le  by  imprison- 
ment not  exceeding  five  years  or  a  fine  not  exceeding  $1,000  or 
both. 

Wilful  and  corrupt  disclosure  of  the  contents  of  telegraphic 
message  without  the  permission  of  the  addressee,  is  punishable  by 
imprisonment  not  less  than  five  years  or  a  fine  not  exceeding 
$1,000  or  both,  and  like  penalty  is  provided  for  the  wilful  alter- 
ation of  the  meaning  of  a  telegraphic  message,  and  a  like  penalty 
is  prescribed  for  the  opening  of  telegrams  addressed  to  another. 

It  is  a  misdemeanor  for  any  agent  or  employee  of  any  telegraph 
office  to  wilfully  refuse  or  neglect  to  send  any  message  received  at  a 


COMI'ILATIOX    OF    StATLTES.  303 

telegraph  office  or  wilfully  postpone  the  same  out  of  its  order,  or 
the  neglect  or  refusal  to  deliver  any  message  received  by  telegraph. 

The  unlawful  use  or  appropriation  by  an  operator  or  employee  of 
information  from  any  pi-ivate  telegraph  message  or  to  clandestinely 
learn  the  contents  of  any  telegram  by  any  machine,  instrument  or 
contrivance,  or  to  attem])t  to  learn  or  the  learning  of  the  contents 
of  such  message  while  the  same  is  in  office  being  received  or  send- 
ing or  the  bribery  of  a  telegraph  operator  or  agent  to  disclose  any 
private  message  is  punishable  by  imprisonment  not  exceeding  one 
year  or  a  fine  not  exceeding  $1,000  or  both. 

AVilful  or  uuilieious  cutting  or  breaking  of  any  telegraph  or 
telephone  pole  or  other  material  used  in  such  line  or  any  insulator 
in  use  or  the  wilful  destruction  of  the  insulation  of  such  line  or  the 
interruption  of  the  transmission  of  current  through  the  same  or  the 
wilful  destruction  of  any  property  appertaining  to  a  telegraph  or 
telephone  line  or  the  wilful  interference  with  the  use  thereof  or 
the  obstruction  or  postponement  of  the  transmission  of  any  mes- 
sage thereover  is  a  misdemeanor. 

VI.    LIMITATIONS    OF   TRADE   AND    C03IMERCE. 

Any  combination  having  for  its  object  or  effect  the  controlling 
of  the  prices  of  any  professional  services,  any  product  of  the  soil, 
any  article  of  manufacture  or  commerce,  or  the  cost  of  exchange 
or  transportation  is  prohibited  and  declared  unlawful. 

Unlawful  combinations  arc  jn-ohibited  and  the  members  thereof 
are  guilty  of  conspiracy  to  defraud. 

Trusts  and  trust  agreements  are  declared  unlawful. 

The  penalty  for  a  violation  of  the  provisions  of  the  act  is  a  fine 
of  not  more  than  $2,000  for  the  first  offense. 

And  any  officer  or  nuiiiager  of  any  corporation  or  association  or 
any  individual  found  guilty  of  violating  these  acts  may  be  pun- 
ished by  a  fine  of  not  more  than  $1,000,  or  by  imprisonment  for 
not  more  than  one  year  or  both. 

Unlawful  contracts  ai'e  declared  void. 

Any  company  that  shall  violate  the  ])rovisions  of  this  act  shall 
forfeit  its  franchise  and  cu'porate  rights,  and  the  Secretary  of 
State  shall,  ujion  satisfactdry  evidence  that  any  corpoartion  or 
association  has  entered  into  auv  trust  or  cond)ination,  give  notice 


30-i  Telegraph  and  Telephone  Companies. 

to  such  company  that  unless  it  withdraws  from  and  severs  all  busi- 
ness connections  with  such  trust  or  combination  its  corporate  right 
and  franchise  will  be  revoked  at  the  expiration  of  thirty  days  from 
the  date 'of  such  notice,  and  at  the  expiration  thereof,  if  such 
withdrawal  be  not  made,  the  Secretary  of  State  shall  file  with  the 
Attorney-General  a  statement  of  the  facts,  who  shall  commence 
an  action  to  forfeit  and  revoke  such  corporate  rights  and  franchises. 
If  any  person  should  do  or  cause  to  be  done  or  permit  to  be 
done  any  act,  matter  or  thing  in  these  sections  prohibited  or  de- 
clared unlawful  such  person  shall  be  liable  to  the  person  injured 
thereby  for  treble  the  amount  of  damages  sustained  in  consequence 
of  such  violation. 

\II.    LEGISLATURE. 

The  Legislature  shall  meet  biennially. 


Compilation  of  Statutes.  305 


VERMONT. 


I.  CONSTITUTIOX. 

Whenever  any  person's  property  is  taken  for  the  use  of  the 
public,  the  owner  ought  to  receive  an  equivalent  in  money. 

The  representatives  may  grant  charters  of  incorporation  con- 
stituting towns,  boroughs,  cities  and  counties. 

II.  CORPORATIONS. 

K^o  person  shall  be  eligible  or  hold  the  ofSce  of  president  or 
director  in  a  private  corporation  unless  he  is  in  good  faith  a  stock- 
holder therein. 

Before  commencing  business,  the  president  and  directors  of  a 
corporation  shall  make  a  certificate  stating  the  amount  of  capital 
actually  paid  in. 

If  a  corporation  neglects  for  six  months  to  appoint  and  have  a 
clerk  residing  in  the  State  shall  forfeit,$50  to  the  person  injured 
to  be  recovered  in  an  action,  and  the  clerk  of  such  company  shall 
have  the  custody  of  its  by-laws  and  records  and  shall  at  seasonable 
times  exhibit  the  same  to  the  owner  of  stock,  his  agent  or  attorney, 
on  demand  and  give  certified  copies  thereof  when  required  on  a 
reasonable  compensation  to  be  tendered  him  and  for  any  wilful 
neglect  or  refusal  so  to  do,  such  clerk  shall  forfeit  to  the  person 
injured  $10  for  every  twenty-four  hours  he  so  neglects  or  refuses. 

Persons  seeking  incorporation  by  special  act  of  the  Legislature 
shall  before  a  bill  is  introduced  for  such  purpose,  deposit  with  the 
State  Treasurer  for  the  use  of  the  State  certain  prescribed  fees. 

III.  TELEGRAPH  AXD  TELEPHONE  COMPANIES. 

Lines  of  telegraph  and  telephone,  or  electric  light  wires  may 
be  constructed  and  maintained  by  a  person  or  corporation  upon 
or  under  a  highway,  but  shall  lie  in  such  manner  as  not  to  inter- 
fere with  the  conditions  thereof  or  the  public  convenience  in  using 
the  same. 

The  selectmen  of  the  town  and  aldermen  of  a  city  or  trustees  of 
a  village  may  locate  the  polos  and  wires  and  may  direct  how  thp 
Vol.   2—20 


80G  Telegeapu  a^'d  Teli-:piione  Companies. 

lines  sluill  cross  the  highways  and  if  objection  be  made  to  the 
erection  thereof,  the  person  objecting  may  apply  to  such  officials 
who  shall,  upon  notice,  hear  and  determine  upon  what  streets  or 
highways  such  lines  shall  pass,  or  in  what  manner,  if  at  all,  such 
objection  may  be  obviated  and  such  decision  shall  be  final. 

All  poles  upon  which  wires  are  strung  shall  be  kept  suitably 
painted  to  the  satisfaction  of  the  municipal  authorities  and  shall 
forfeit  $100  to  such  municipalities  for  neglect  or  refusal  to  paint 
the  same  after  twenty  days'  notice  in  writing  and  such  municipal 
officers  may  cause  the  poles  to  be  painted  and  may  substitute 
straight  ones  in  place  of  crooked  ones  and  recover  the  expense 
thereof  in  an  action  brought  in  the  name  of  the  municipality 
against  the  person  or  corporation  owning  such  line  of  wires. 

A  domestic  telegraph  or  telephone  company  may  erect  and 
maintain  its  line  along  the  sides  of  a  railroad  track  within  the 
limits  of  lands  owned  or  held  by  a  railroad  company  on  paying  to  it 
a  reasonable  compensation  or  a  compensation  determined  by  com- 
missioners, and  such  line  shall  remain  the  property  of  such  tele- 
graph or  telephone  company,  and  shall  not  pass,  or  sell,  or  transfer, 
or  mortgage  by  the  railroad  company  of  the  lands  upon  which  the 
line  is  erected,  nor  shall  the  line  be  liable  to  attachment  under 
levy  or  execution  against  such  a  railroad  company. 

The  municipal  authorities  may  require  a  new  line  of  wires  to 
be  attached  to  the  poles  already  standing  and  uuiy  require  the 
owner  of  such  poles  to  receive  a  fair  proportion  of  the  expense 
or  the  original  cost  of  erecting  the  same,  not  to  exceed  one-half 
thereof,  and  if  it  be  necessary  to  repair  or  renew  poles  used  by  two 
or  more  companies  the  expense  shall  be  borne  equally  by  the  parties 
using  the  same  and  such  poles  shall  not  be  taken  down  or  altered 
by  either  company  without  the  permission  of  the  parties  first  ac- 
quiring the  right  to  use  the  same  or  the  permi'-;siou  of  the  muni- 
cipal authorities. 

Xo  enjoyment  for  any  length  of  time  of  the  privilege  of  main- 
taining a  line  of  telegraph,  telephone  or  electric  light  poles,  wires 
or  other  apparatus  u])on  or  over  the  buildings  or  lands  of  other 
persons  shall  give  a  i-ight  to  the  continued  enjoyment  of  such  ease- 
ment or  raise  a  presumption  of  a  grant  thereof. 

Towns  mav  construct  foi-  tbeii-  own  use  telegrai)h,  telephone  and 
electric  light  lines   ujjon   and   along  highways   and    public   roads 


CoMi>iLATio.\  OK   Statutes.  307 

within  tliL^ir  limits  and  the  uiuiiicipal  aiithtn-iries  thereof  may 
authorize  jiersons  upon  terms  preseribecl,  to  construct  for  private 
use  such  lines  along  the  highways  of  the  town  and  the  poles  and 
structures  thereof  after  erection  shall  be  subject  to  location  and 
control  of  the  municipal  aullmrit  ics  who  may  rcHpiirc  alteration 
therein  any  location  or  the  removal  thereof  and  the  town  may 
attach  wires  for  its  own  use  to  such  poles  and  stnu'tun^s. 

The  courts  nuiy  })ermii  a  person  desii-ing  so  to  do,  to  attach  a 
telephone  line  to  the  poles  of  a  telegra])h  com|)any  u])on  petition 
to  the  court  and  after  examination  and  report  of  commissioners 
hy  it  appointed.  A  tine  of  $100  is  imposed  on  a  person  or  corpora- 
tion maintaining  or  operating  a  line  of  wires,  who  cuts  down,  muti- 
lates or  injures  the  standing  treses  on  the  lands  of  another  or  to  fix 
to  the  property  of  another  any  pole,  wires,  fixtures  or  other  ap- 
paratus without  having  first  procured  the  right  so  to  do  by  ai)plica- 
tion  to  and  determination  of  the  municipal  anthoi-ities  or  first 
obtaining  the  consent  of  the  owner  or  lawful  agent  of  the  property 
and  a  like  fine  is  imposed  upon  a  ])erson  who  wilfully  or  inten- 
tionally injures  the  wire,  poles  or  fixtures  or  wilfidly  interferes 
with  the  working  of  the  same  or  aids  or  assists  in  such  ott'ense. 

Every  foreign  telegraph  com])any  shall  keep  on  file  and  have 
recorded  in  the  town  clerk's  office  in  {»ach  town  where  such  com- 
pany has  a  })Iace  of  business,  a  statement  of  the  names  and  resi- 
dences of  the  persons  constituting  such  company. 

A  telegraph  comjiany  shall  make  known  its  rate  of  charges  by 
posting  a  printed  tariff  tluu-eof  in  its  usual  place  of  business  and 
in  the  post  oflice  and  town  clerk's  office  in  the  town  where  it  has 
a  place  of  business,  and  shall  be  restricted  to  the  charges  of  rates  in 
such  tarifi"  and  a  person  charged  a  greater  sum  than  sucdi  printed 
rate,  may  recover  the  same  with  iu.ierest  and  costs  for  the  action. 

Xo  telegraph  company  shall  make  contract  within  the  State, 
or  enforce,  in  the  State,  contracts  made  out  of  State,  unless  such 
company  has  complied  with  the  foregoing  pi-ovisions. 

All  telegraph  or  te!e])hoiu»  companies  receiving  a  mc^ssage 
directed  to  any  person  either  from  such  companies  line,  shall,  if 
the  person  resides  on  the  line  of  another  telegraph  (^i-  telejihone 
company,  transfer  such  message  to  such  other  eompany's  line  to  be 
by  it  transmitted  to  the  ])lace  of  de-li nation  if  both  conii)auies  have 
an  office  in  the  same  villau'e  or  citv   in   the  Stat(\   and   no  extra 


308  Telegraph  axd  Telephone  Companies. 

charge  shall  be  made  for  such  transfer  within  the  nsual  limits  of 
delivering  messages  in  such  city  or  village  and  the  company- 
receiving  the  same  shall  make  no  extra  charge  for  additional  rate 
construed  by  them  to  be  necessary  because  of  the  transfer,  and  any 
refusal  or  neglect  to  comply  therewith  shall  be  subject  to  a  fine 
of  not  more  than  $100. 

A  person  or  company  owning  or  operating  a  telephone  exchange 
or  service  in  the  State  shall  on  application  of  a  telegraph  or  tele- 
phone company  and  upon  reasonable  terms,  furnish  such  company 
with  the  use  of  a  telephone  and  service  and  connection  with  the 
exchanges  and  subscribers  without  discrimination  between  tele- 
graph or  telephone  companies  as  to  the  connection,  service  or  use 
of  instruments  or  ajDparatus  and  a  person  or  company  owning  or 
operating  a  telephone  exchange  or  service  in  this  State  shall,  upon 
application  and  tender  of  the  usual  rental  charges,  for  the  class 
of  service  required  furnish  such  person  or  corporation  with  the 
use  of  a  telephone  and  service  and  connection  with  their  exchanges 
and  subscribers  provided  such  person  or  company  secures  rights 
necessary  to  make  the  connections  applied  for,  and  pays  the  com- 
pany in  advance  a  sufficient  sum  to  cover  the  cost  of  the  extension 
if  such  extension  is  beyond  one  mile  from  any  main  exchange 
circuit  of  such  telephone  company. 

A  person  owning,  hiring  or  leasing  a  telephone  shall  have  a 
right  to  transmit  by  telephone  to  any  telegraph  company  using  a 
telephone,  a  message  to  be  forwarded  by  telegraph  and  also  the 
right  to  receive  from  said  telegraph  company  over  said  telephone 
wires  messages  received  by  telegraph  for  such  individual. 

'No  foreign  telegraph  or  telephone  company  shall  do  business 
in  the  State  until  it  has  filed  with  the  Secretary  of  State  a  written 
stipulation  containing  its  name,  place  where  chartered  and  agree- 
ing that  legal  process  affecting  such  company  and  served  on  the 
Secretary  of  State  shall  have  the  same  effect  as  if  served  person- 
ally on  such  company  or  partnership  within  the  State,  and  process 
against  such  foreign  company  or  co-partnership  may  be  served  on 
the  Secretary  of  State  by  duplicate  copies,  one  of.  each  shall  be 
immediately  forwarded  by  the  Secretary  of  State  by  mail  pre- 
paid to  the  corporation  or  co-partnership  at  its  home  office,  and  any 
person  or  agent  for  a  foreign  company  or  a  foreign  company  doing 


COMI'ILATIOX    OF    STATUTES.  309 

like  business  which  is  not  complying  with  these  requirements  and 
shall  receive  money  or  value  for  the  transmission  of  a  message,  or 
receive  money,  rent,  royalty  or  income  from  such  telephone  com- 
pany for  the  use  of  its  instruments  or  lines,  or  for  the  sending  of  a 
message,  he  shall  be  fined  not  more  than  $500  and  process  against 
it  may  be  served  by  delivering  a  true  copy  thereof  with  the  officer's 
return  thereon  to  an  agent,  messenger  or  operator  of  such  company 
residing  in  the  State. 

\.    TAXATION. 

A  State  tax  is  assessed  upon  the  property,  business  or  corporate 
franchises  of  telegra2)li  and  telephone  companies. 

A  Commissioner  of  State  Taxes  is  appointed  who  shall  send 
blanks  to  all  corporations  which  shall  fill  their  said  blanks  out  and 
return  the  same  verified,  and  within  thirty  days  thereafter  the  cor- 
poration or  person  making  the  return  shall  forward  to  the  State 
Treasurer  the  amount  of  annual  or  somi-annual  tax  for  the  period 
covered  by  the  return. 

Each  day's  neglect  to  make  stich  return  is  punishable  by  a 
forfeit  of  $100. 

The  taxes  and  penalties  imposed  by  this  act  may  be  recovered 
with  costs  in  any  action. 

Telegraph  companies  shall  pay  an  annual  tax  upon  the  property 
or  corporate  franchises  of  such  company  or  person  which  is  assessed 
at  the  rate  of  GO  cents  per  mile  of  poles  and  one  line  of  wire  and 
40  cents  per  mile  for  each  additional  wire  owned,  maintained  or 
operated  within  the  State  during  the  year,  but  such  company  may, 
in  lieu  of  such  tax,  pay  annually  to  the  State,  a  sum  equal  to  3 
per  cent,  of  the  entire  gross  earnings  of  such  company  or  person 
collected  within  the  State  on  account  of  the  telegraph  messages  or 
communications  sent  or  received  therein  and  such  corporations 
or  persons  may  select  under  which  provision  it  or  he  will  pay. 

The  annual  tax  upon  a  telephone  line  is  assessed  at  the  rate  of 
40  cents  each  u]ion  the  average  number  of  telephonic  transmitters 
in  use  within  the  State  and  maintained  or  operated  by  such  com- 
pany or  person  during  the  year,  and  at  the  rate  of  -jO  cents  per  mile 
upon  the  average  mileage  of  all  tele})hone  wires  in  use,  owned, 
maintained  or  operated  by  such  C(unpany  or  person  within  the 
State  durino-  the  rear,  but  in  lion  of  such  tax,  the  company  or  cor- 


310i  Tklegkapii  asg  Tklepiioxe  Compa^-ies. 

Such  commission  lias  power  to  cxaiiiiiic  books  and  papers  of  any 
comj^any,  and  to  examine  officers  or  other  witnesses  on  all  matters 
l^oration  may  pay  to  the  State  a  snni  equal  to  3  per  cent,  of  its 
entire  gross  earnings  collected  within  the  State  on  account  of  the 
telejihonic  communications  or  messages  sent  or  received  in  the 
State,  including  all  sums  received  for  tolls  or  other  rental  or  lines^ 
instruments  or  appliances,  or  lor  any  division  or  apportionment 
of  tolls  or  rentals  collected  within  the  State  during  the  year. 

Such  telephone  companies  or  persons  may  elect  under  which 
provision  it  or  they  will  pay  such  tax. 

Such  telegraph  or  telephone  companies  shall  give  a  full  and 
detailed  statement  of  all  its  line  of  poles  with  one  wire  and  each 
additional  wire  owned,  extended  or  operated  within  the  State,  and 
shall  show  the  mileage  of  all  lines  in  use  whether  in  cable  or 
otherwise  in  the  State, 

Every  foreign  corporation  and  every  domestic  corporation  shall 
pay  an  annual  license  tax,  which  shall  not  exceed  $50,  based  upon 
its  capital  stock,  Avhich  license  tax  shall  be  paid  to  the  State 
Treasurer  within  thirty  days  and  upon  failure  so  to  do,  the  amount 
shall  be  increased  25  per  cent.  ])r()vided  it  shall  be  paid  within 
one  month,  and  50  per  cent,  if  it  shall  not  have  been  paid  within 
one  month. 

Every  company  subject  to  the  annual  license  tax  shall  file  its 
annual  license  tax  return  with  the  State  Treasurer  and  Commis- 
sioner of  State  Taxes,  and  shall  pay  to  the  State  Treasurer  the 
amount  thereof,  and  if  a  company  organized  shall  pay  pr'o  rata 
for  the  unexpired  portion  of  the  year. 

Upon  the  failure  to  pay  the  annual  license  tax,  the  Commissioner 
of  State  Taxes  may  file  with  the  court  a  petition  for  the  dissolu- 
tion of  the  company  and  obtain  an  injunction  restraining  it  from 
doing  business  as  a  corporation  dui'ing  the  pendency  of  such  com- 
plaint and  if  it  appears  that  all  taxes  due  from  each  company  are 
not  paid,  the  court  shall  dissolve  such  corporation  and  make  such 
orders  and  decrees  as  shall  be  just  and  equitable.  No  foreign 
corporation  shall  do  business  in  the  State,  exce])t  railroads  and  such 
companies  as  are  subject  to  the  supervision  and  examination  of  the 
insurance  commissioners,  without  having  first  procured  froui  the 
Secretary  of  State  a  certificate  that  it  has  complied  with  all  the 
requirements  of  law  to  authorize  it  to  do  business  in  the  State, 
nor  shall  it  maiutaiu  any  action  at  law  upon  any  contract  until 


CoiriML.VTIOX    OF    SxATrrKS.  oil 

it  shall  have  procured  sueh  eertitieaie  and  every  foreign  corpo- 
ration shall  file  in  the  ofHce  of  the  Commissioner  of  State  Taxc.i 
a  copy  of  its  charter  or  certificate  of  incorporation  and  a  statement 
setting  forth  its  business  and  place  within  the  State  where  is  to  he 
its  principal  place  of  business,  and  designating  a  person  in  the  State 
ujKm  Avhom  process  may  be  served  within  the  State. 

Ileal  and  personal  estate  used  in  carrying  on  express  or  tele- 
phone business  in  the  State  and  stock  in  telephone  companies  taxed 
by  this  act,  shall  not  be  stated  in  the  gi-and  list,  nor  stated  in  the 
inventories  returned  to  the  listers. 

All  taxes  imposed  by  this  act  shall  be  a  first  lien  upon  all  the 
property  of  the  company  required  to  pay  such  tax  until  the  same 
are  fully  paid. 

V.  CRIMES  AND   PENALTIES. 

A  person  who  paints  or  posts  any  sign  or  advertising  on  a  tele- 
graph, telephone  or  electric  light  pole  shall,  for  each  ott'ense,  be 
fined  $5,  for  the  use  of  such  municipality  in  which  the  pole  is 
situate. 

Xo  child  under  the  age  of  twelve  years  shall  be  employed  or 
permitted  to  carry  or  deliver  messages  for  any  company  and  no 
child  under  the  age  of  15  years  shall  be  employed  or  permitted, 
in  the  carrying  or  delivery  of  messages  for  any  company  during 
school  hours,  in  any  part  of  the  term  during  which  the  public 
schools  in  the  municipality  in  which  the  child  resides  are  iu  session 
or  after  8  o'clock  in  the  evening  of  any  day. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Xo  statutes. 

VII.  LEGISLATURE. 

The  General  Assembly  shall  meet  biennially. 

VERMONT  ADDENDA. 

The  Board  of  Railroad  Commissioners  is  changed  to  the  Public 
Service  Commission,  and  they  shall  have  supervision  over  all  com- 
panies engaged  in  the  making  and  sale  of  gas  or  electricity,  of  all 
express  companies  and  all  companies  owning  or  operating  tele- 
graph or  telephone  lines,  stations  or  exchanges  within  the  State, 
and  all  equipments  used  in  or  about  the  business  carried  on  by  them 
in  the  State.' 


312  Telegkaph  axd  Telephone  Companies. 

of  which  the  commission  has  jurisdiction,  and  to  compel  by  con- 
tempt proceedings  snch  witnesses  to  attend  and  testify,  and  to  pro- 
duce and  exhibit  such  books  and  papers,  and  the  members  of  such 
commission  and  the  persons  in  their  employ  may  enter  the  offices, 
plants  or  the  lands  or  lines  of  any  company  subject  to  the  pro- 
visions of  this  act. 

Upon  request  any  such  company  shall  furnish  the  commission 
all  information  required  concerning  its  condition,  oj)eration,  man- 
agement and  expense  of  maintenance,  operation,  production,  rates, 
contracts  obligations  and  financial  standing,  and  upon  refusal  so 
to  do  shall  be  fined  not  more  than  $5,000,  and  a  j)erson  who  know- 
ingly makes  a  false  return  to  such  commission  or  gives  false  testi- 
mony shall  be  deemed  to  have  committed  jDerjury,  and  shall  be  pun- 
ished accordingly. 

Each  line  or  plant  subject  to  supervision  shall  immediately  after 
its  occurrence  notify  the  commission  in  writing  of  any  accident  or 
injury  to  any  person,  in  default  of  which  such  commission  shall  in- 
quire into  and  may  proceed  by  public  investigation  or  otherwise. 

Complaints  concerning  any  neglect  or  unlawful  action  of  such 
company  in  the  operation  of  its  plant  may  be  made  by  the  person 
or  ^company  claiming  to  be  injured,  or  the  attorney  of  the  county 
or  the  Attorney-General  or  by  ten  or  more  freeholders. 

The  commission  shall  have  jurisdiction  on  due  notice  to  hear, 
determine  and  render  judgment  and  make  orders  and  decrees  in 
all  matters  provided  for  in  the  charter  of  any  corporation  owning 
or  operating  any  j)lant  subject  to  supervision  under  this  act,  and 
shall  have  like  jurisdiction  in  all  matters  respecting  quality  or 
quantity  of  any  product  furnished  or  sold,  and  may  prescribe  the 
equipment  for  the  transfer  of,  measurement,  pressure  or  initial 
voltage  of  such  product,  providing  for  each  kind  of  business  suit- 
able and  convenient  standard  commercial  units  of  product  or  ser- 
vice, the  manner  of  operating  and  conducting  any  business  so  as 
to  be  reasonable  and  expedient,  and  to  promote  the  safety,  conven- 
ience and  accommodation  of  the  public;  the  price,  toll,  rate,  or 
rental  charged  by  any  company  when  unreasonable  or  in  violation 
of  law ;  the  sufficiency  and  maintaining  of  proper  systems,  plants, 
conduit^^,  appliances,  wires  and  exchanges,  and  when  the  public 
safety  and  Avclfare  require  the  location  of  such  wires  or  any  por- 


Compilation  of  Statutes.  313 

tion  thereof  under  ground ;  to  restrain  any  company  from  violation 
of  the  law,  nnjnst  discriminations,  usurpation  or  extortion,  the 
issue  of  stock,  mortgages,  bonds  or  other  securities,  in  order  to 
prevent  over  capitalization. 

If  upon  investigation  the  rates  or  charges  are  found  unjust, 
unreasonable,-  insufficient  or  unjusth'  discriminatory,  or  to  be 
preferential  or  otherwise,  in  violation  of  a  provision  of  this  act, 
the  commission  may  order  and  substitute  therefor  such  rate  or 
charge  and  make  any  changes  in  any  regulation,  contract  or  act 
in  any  such  company  relating  to  its  services,  and  nuike  such  order 
as  will  compel  the  furnishing  of  adequate  services,  as  shall  at  such 
hearing  be  found  by  it  to  be  just  and  reasonable. 

This  section  shall  not  be  construed  to  require  the  same  charges 
or  rates  from  any  company  for  like  services  in  different  parts  of 
the  State,  but  in  determining  this  question  the  commission  shall 
investigate  local  conditions,  and  its  final  findings  and  judgment 
shall  take  cognizance  thereof. 

Every  company  shall  be  required  to  furnish  reasonably  adequate 
service,  accommodation  and  facilities  to  the  public,  and  the  charge 
made  b}^  any  such  company  subject  to  supervision  under  this  act 
for  any  product  or  service  shall  be  reasonable  and  without  dis- 
crimination. 

Any  party  feeling  himself  aggrieved  by  the  judgment  or  decree 
of  the  commission  shall  have  the  right  to  take  the  cause  to  the 
Supreme  Court  of  Appeal.  Whenever  it  is  necessary  in  order  to 
meet  the  reasonable  requirements  of  service  to  the  public  that  any 
company  owning  or  operating  any  line,  that  a  pipe  line,  conduit, 
poles  or  wires  across  the  land  of  any  person  or  company,  and  the 
company  wishing  to  cross  cannot  agree  with  the  owner  of  such 
lands  as  to  the  necessity  therefor,  or  compensation  to  be  paid  there- 
for, he  may  petition  the  commission  for  such  right  and  the  com- 
mission shall  upon  due  notice  hear  and  determine  the  necessity 
and  compensation  and  render  judgment  accordingly,  which  judg- 
ment shall  be  final  except  as  an  appeal  to  the  Supreme  Court  is 
allowed  from  the  orders  or  decrees  of  the  commission. 

Any  person  or  company  aggrieved  by  any  order  or  business  of 
the  municipal  authorities  made  under  the  provisions  of  any  statute 
relating  to  the  granting  of  a  license  or  permit  for  location  may  at 


314  Telegraph  and  Telephone  Co:mpanies. 

any  time  within  thirty  days  aftei"  the  date  of  snch  order  or  de- 
cision appeal  therefrom  to  this  commission,  and  the  decision  of  the 
commission  concerning  that  notice  and  public  hearing  of  all  parties 
interested  shall  be  final,  subject  to  a  right  of  appeal  to  the  Supreme 
Court. 

A  domestic  corporation  subject  to  the  provisions  of  this  act  shall 
not  increase  its  capital  stock  nor  issue  mortgage  bonds  or  other 
securities  except  such  as  are  payable  within  one  year  from  date  of 
issue  without  first  securing  permission  of  this  commission  on 
petition  and  hearing  for  that  purpose,  and  such  hearing  shall  be 
had  upon  notice  in  writing  to  the  petitioner,  the  Attorney-General 
and  the  State's  attorney  in  the  county  where  the  petitioner  has  its 
principal  place  of  business,  and  the  publication  one  or  more 
times"  of  a  notice  of  the  pendency  of  such  petition,  and  of  the  time 
and  place  of  hearing  in  one  or  more  newspapers  published  in  that 
county,  and  if  the  commission  is  satisfied  after  hearing  that  the 
company  ought  to  be  permitted  to  increase  its  capital  stock  or  issue 
obligations  and  when  the  same  is  required  for  the  proper  develop- 
ment of  the  business,  and  that  the  same  will  be  promotive  of  the 
general  business  of  the  company  and  of  the  public,  such  commis- 
sion shall  then  issue  to  such  company  a  certificate  stating  the 
amount  of  increase,  the  manner  in  which  and  conditions  under 
which  the  same  may  be  issued. 

Any  statute  conferring  authority  upon  municipalities  to  super- 
vise or  make  any  order  or  regulation  respecting  any  location,  busi- 
ness or  company  subject  to  the  provisions  of  this  act  shall  be  con- 
strued as  giving  such  municipality  jurisdiction  without  authority 
to  alter  or  modify  any  order,  judgment,  decree  or  regulation  made 
by  the  Public  Service  Commission. 

Every  company  shall  file  with  the  Commission  within  a  time  to 
be  fixed  by  it  a  schedule  of  its  rates  and  charges,  including  town 
rates,  for  any  service  performed  or  any  product  furnished  by  it 
within  the  State,  and  shall  also  file  the  rules  and  regulations  that 
in  any  manner  afi"cct  the  said  tolls  or  rates,  and  no  change  shall 
thereafter  be  made  in  such  schedules  or  any  such  rules  or  regula- 
tions, except  upon  ten  days'  notice  to  the  Commission,  provided  the 
Commission  may  upon  application  prescribe  a  shorter  time  within 
which  such  i-cdnction  or  chauae  mav  be  made,  and  every  such  com- 


Co:\[riLATiox  OF   Statttes.  315 

panv  shall  keep  on  file  in  every  station  or  ottice  thereof  a  copy  of 
so  nuieh  of  its  schecUiles  as  the  Commission  may  deem  necessary. 

The  Commission  may  a])]')oint  and  ('mj)loy  a  sufficient  number 
of  clerks  and  stenographers  to  perform  the  clerical  work  of  its 
office  and  employ  exjierts  and  other  em})loyees  necessary  to  per- 
form the  servicers  reipiired  under  the  general  law  of  this  act  and 
fix  the  compensation. 

Xo  person  in  the  employ  of  or  holding  any  official  relation  to 
any  company  subject  to  supervision  under  this  act  or  engaged  in 
the  management  thereof  or  owning  any  securities  in  such  company 
or  who  is  in  any  n.ianner  connected  with  the  oj)eration  thereof  shall 
be  a  commissicncr  or  the  clerk  of  such  Commission,  nor  shall  any 
person  holding  the  office  of  commissioner  or  clerk  thereof  person- 
ally r>r  in  connection  with  a  person  or  agent  render  any  professional 
service  for  or  against  or  make  or  perform  any  business  contract 
with  any  company  subject  to  supervision  under  this  act  relating 
to  its  business,  except  contracts  made  with  them  as  common  car- 
riers or  in  courts  of  public  service,  nor  shall  such  person  directly 
or  indirectly  receive  from  any  such  company  any  commission, 
present  or  reward. 

Xothing  in  this  act  shall  be  construed  as  giving  the  Public 
Service  Commission  power  to  prevent  or  restrict  competition  or 
limit  the  trade  of  })ersons  or  conijianies  who  may  engage  in  the 
business  of  furnishing  light,  heat,  povv-er  or  any  other  commodi- 
ties, subject  to  supervision  under  tlie  provisions  of  this  act,  in  any 
town. 


316  TF.LEGRAni  A>'D  Tklki'iioxe  Compa^:iks. 


VIRGINIA. 


I.    CONSTITUTION. 

The  creation  of  corporations  shall  be  provided  for  by  general 
laws. 

A  pei'inanent  commission  is  created  to  consist  of  three  mem- 
bers, to  be  known  as  the  State  Corporation  Commission,  to  be 
appointed  by  the  Governor  sid)ject  to  affirmation  by  the  General 
Assembly.  No  person  while  employed  by  or  holding  office  in 
relation  to  any  transportation  or  transmission  comjiany  or  while 
financially  interested  therein  or  while  engaged  in  practicing  law, 
shall  hold  office  as  a  member  of  such  commission. 

Subject  to  the  jirovisions  and  regulations  as  may  be  prescribed 
by  law.  the  State  Corporation  Commission  shall  be  the  depart- 
ment of  government  through  which  shall  be  issued  all  charters 
and  amendments  or  exterisions  thereof  for  domestic  companies 
and  all  licenses  to  do  business  in  the  State  to  foreign  companies. 

The  commission  shall  have  power  and  be  charged  with  the  duty 
of  supervising,  regulating  and  controlling  all  transportation  and 
transmission  companies  doing  business  in  the  State  in  all  matters 
relating  to  the  performance  of  their  public  duties  and  all  charges 
therefor  and  correcting  abuses  therein  by  such  companies, 
and  the  commission  shall  from  time  to  time  prescribe  and  enforce 
against  such  companies  such  rates,  charges  and  rules  and  regula- 
tions, and  shall  i-cquire  them  to  cstablisli  and  nuiintain  all  such 
public  service  facilities  and  cc/nveniences  as  may  be  reasonable 
and  just,  which  rates,  charges,  rules  and  regulations  and  require- 
ments the  commission  may,  from  time  to  time,  alter  or  amend  ' 
and  may  enforce  such  rcquirenu'uts,  rules  and  regulations  as  may 
be  necessary  to  prevent  unjust  or  unreasonable  discriminations  of 
any  transportation  or  transmission  company  in  favor  of  or  against 
any  person,  locality,  community,  connecting  line  or  kind  of  traffic. 

Notice  shall  be  given  to  the  conq)auies  affected  by  j^roposed 
changes  of  rules,  rates  and  regulations,  and  a  charter  shall  be 
afforded  and  before  the  conuuission  shall  make  or  jorescribe  a 
general    order   or    requirement   not   dii-ected    against   any   specific 


Co^[i'ir,ATio.\  OF  Statutes.  317 

company,  the  contemplated  £>oneral  order  or  requirement  shall  be 
lirst  published  in  substanoo,  witii  the  time  and  place  when  and 
where  the  commissioners  will  hcai-  obiections  which  mav  be  urffed 
ag'ainst  the  saui(>.  And  cvci-y  such  iioncral  oi-dcr  or  requirement 
made  bv  the  commissioners  shall  be  published  at  lenirth  in  one 
or  more  newspapers  in  the  city  of  Kichmond,  and  shall  as  long  as 
it  remains  in  force  be  also  published  in  each  subsequent  annual 
report  of  the  commissiou. 

The  ('<)rj)orati<)U  Counuission  shall  have  the  power  and  author- 
ity of  a  court  of  rrcord  to  enforce  (•oiii])liauce  Avith  all  of  its 
orders  or  requirements,  and  are  charged  with  the  visitation,  regu- 
lation and  control  of  coi'jiorations,  and  a  cor])oration  failing  or 
refusing  to  obey  any  order  of  such  eommission  may  be  fined 
thereby  not  exceeding  $000,  and  each  day's  continuance  of  such 
failure,  with  notice,  shall  be  a  separate  offense. 

Transmission  oi-  transportation  com])ani('s  may  a])peal  from 
the  order  or  regulation  of  the  commissiou,  which  apjieal  may  be 
taken  to  the  Su])reme  Coui-t  of  A])]K'als,  and  the  Supreme  Court 
of  Appeals  shall  have  jiivisdict  ion  to  review,  reverse,  correct 
or  annul  the  action  of  the  commission  within  the  scope  of  its 
authority.  A]i])eals  affecting  i'ates,  charges  or  classification  of 
traffic  shall  have  ])recedence  u[)on  the  docket  of  the  Appellate 
Court,  aiul  upon  sncli  a])])enl  the  operation  of  the  action  ap]tealed 
from  may  be  suspended  until  a  final  disposition  of  the  a]>pea],  pro- 
vided a  bond  may  be  first  "xecuted  and  filed  with  the 
commission  to  insure^  the  ])i-oni]>t  refunding  of  such  charges 
which  the  coni]ianies  may  collect  and  receix'e  in  excess  of  those 
fixed  or  authori;:ed  l)y  final  decision  of  the  court. 

Whenever  the  court  shall  reverse  an  order  of  the  commission 
it  shall  at  the  same,  time  substitute^  therefor  such  (»tlier  order  as 
in  its  opinion  the  commission  should  have  made  at  the  time  of 
entering  the  order  a])])ealeil  from,  otherwise  the  reversing  order 
shall  not  be  valid,  and  such  substitute  oi-der  slnill  have  the  same 
forc(>  and  effect  as  if  it  ha.d  b(M>u  entei'cd  by  the  conunission  as 
the  original  order  a])]ie;ile(l  iVom  was  entered.  Xo  order  of  the 
commission  prescribing  or  altering  rates,  charges,  classifications, 
rules  or  regulations  shall  be  retroactive. 

The  Board  of  Pnl)lic  Works  and  the  office  of  Ivailroad  Com- 
missioner are  merged  in  the  State  Corporation  Commission. 


318  Tklkgratji  and  Ti;i,i-.1'iii».\  i.  Co.MrAxiES. 

The  right  of  eminent  cloniaiii  and  the  {xdice  ])o\ver  of  the  State 
shall  never  be  abridged. 

Xo  transportatidn  or  transmission  ('(niij)aii_v  shall  charge  or 
receive  any  greater  compensation  in  the  aggregate  for  transporting 
the  same  class  of  passengers  or  property  or  for  transmitting  the 
same  class  of  messages  over  a  shorter  than  over  a  longer  distance 
along  the  same  line  and  in  the  same  direction;  the  shorter  being 
included  with  the  longer  distance,  but  this  section  shall  not  be 
construed  as  authorizing  any  such  coni})any  to  charge  or  receive 
as  great  comjiensation  for  a  shorter  as  for  a  longer  distance. 

The  General  Assembly  shall  enact  laws  ])reventing  trusts,  com- 
binations iind  monopolies  inimical  to  the  jjublic  welfare. 

The  lending  of  the  credit  of  the  State  or  any  municipality  to 
corporations  is  prohibited,  and  the  State  shall  become  interested 
in  no  works  of  internal  improvement  except  ])iiblic  road?. 

The  General  Asseud>ly  may  levy  a  tax  on  incomes  in  excess  of 
$600  per  annum  and  license  tax  on  any  l)usiness  which  cannot 
be  reached  by  the  ad  valorem  system;  may  impose  said  fran- 
chise taxes  and  may  make  the  same  in  lieu  of  taxes  on  other 
property  in  whole  or  in  jiart  of  a  transportation,  industrial  or 
commercial  company. 

The  statute  of  limitations  shall  not  run  against  such  taxes,  and 
a  failure  to  assess  property  for  taxation  shall  not  defeat  a  subse- 
quent assessment  and  collection  of  such  taxes  unless  such  property 
shall  have  passed  to  a  hona  fide  purchaser  for  value  without  notice, 
in  which  latter  case  the  property  shall  be  assessed  for  taxation 
against  such  purchaser  from  the  date  of  his  purchase. 

Xo  conduit,  telephone,  bridge  company  or  any  company,  per- 
son or  like  partnership  engaged  in  this  or  like  enterprises  shall  be 
permitted  to  use  the  streets  or  public  grounds  of  a  city  or  town 
without  previous  consent  of  the  corporate  authorities  thereof. 

The  right  of  a  city  or  town  in  and  to  its  streets  or  public  places, 
in  gas,  Avater  and  electric  light  works  shall  not  be  sold  except 
by  an  ordinance  by  resolution  passed  by  a  recorded  affirmative 
vote  of  three-fourths  of  all  the  members  elected  to  such  council, 
and  no  franchise,  lease  or  right  of  any  kind  to  use  any  such 
public  property  in  a  manner  not  permitted  to  the  general  public 
shall  be  granted  for  a  period  longer  than  thirty  years,  and  such 


COMPILATIOX    OF    STATUTES.  319 

grant  mav  provide  that  Tipon  the  termination  thereof  the  plant, 
as  well  as  the  property  of  anj  of  the  grantees  in  the  streets  and 
f>ublic  places,  shall  thereupon,  without  compensation  to  the 
grantee  or  upon  the  payment  of  a  fair  valuation  thereof,  be  and 
become  the  property  of  such  municipality. 

The  General  Assembly  shall  not  enact  any  law^  whereby  pri- 
vate property  shall  be  taken  or  damaged  for  public  use  without 
just  compensation,  nor  shall  it  enact  any  special  or  private  law 
granting  to  any  private  corporation,  association  or  individual  any 
special  or  exclusive  right,  j^rivilege  or  immunity. 

II.    CORPORATIONS. 

Any  domestic  corporation  may  conduct  its  business  in  or  with- 
out the  State  and  hold  the  meetings  of  its  directors  either  within 
or  without  the  State,  but  the  annual  meeting  of  the  stockholders 
shall  be  held  in  the  State. 

The  power  of  making  and  altering  by-laws  shall  be  in  the  stock- 
holders unless  the  power  so  to  do  is  conferred  on  the  directors 
by  the  certificate  of  incorporation  or  by  the  resolution  of  its  stock- 
holders. 

Every  corporation,  domestic  or  foreign,  shall  make  annual 
report  to  the  State  Corporation  Commission,  giving  its  name,  loca- 
tion of  its  office,  the  name  of  the  agent  upon  whom  process  may 
be  served,  its  business,  amount  of  its  authorized  capital  and  the 
amonnt  issued,  and  the  names  and  addresses  of  its  officers.  The 
State  Corporation  Commission  shall  ascertain  and  declare  whether 
the  applicants  have  complied  with  the  reuirements  of  the  law 
w^hich  entitled  them  to  a  merger  or  consolidation  applied  for,  and 
shall  issue  or  refuse  a  certificate  issued  therefor,  accordingly. 
Wilful  failure  to  use  any  of  its  essential  functions  for  the  period 
of  twelve  years  shall  work  a  forfeiture  of  its  charter  and  pro- 
ceedings to  declare  the  same  forfeited  may  be  had  on  motion  of 
the  Attorney-General. 

Every  incorporated  company  doing  business  in  the  State  shall 
have  an  office  in  the  State  at  which  all  claims  against  such  com- 
pany due  to  residents  of  the  State  may  be  audited,  settled  and 
paid.  Every  foreign  corporation  shall,  before  doing  business  in 
the  State,  present  to  the  State  Corporation  Commission  a  certifi- 
cate appointing  a  person  resident  of  the  State,  its  agent  upon 


o2U  Ti:i,i:(ii;.vi'ii   and  Tklki-hunk  Cumtanils. 

M'hom  process  may  be  served  and  two  duly  certified  copies  of  its 
charter  of  incorporation  and  a  certificate  of  the  Auditor  of  Public 
Accounts,  showing  the  ])aynicnt  into  the  treasury  of  the  fee 
declared  by  law  to  be  ])aid  by  such  coriinration,  and  a  foreip^n  cor- 
poration transactiui;-  business  without  having  obtained  the  license 
hereinbefore  provided  for  shall  be  fined  not  more  than  $1,000, 
and  the  ofticers,  agents  and  employees  of  any  such  company  doing 
business  without  a  license  shall  be  ])ersonally  liable  to  the  State 
for  any  fines  imposed  on  it,  and  for  any  resident  of  the  State 
having  a  claim  against  such  com])any  and  service  of  legal  process 
upon  any  of  such  ofticers,  agents  or  employees  shall  be  deemed 
sufficient  service  on  the  corporation. 

The  terra  ''  transmission  company  "  shall  include  any  company 
owning,  leasing  or  operating  for  hire  any  telegraph  or  telephone 
line,  and  the  term  '*  public  service  corporation  "  shall  include  all 
tnnisiiiission  companies. 

It  shall  be  the  duty  of  the  State  Cor])oration  Commission  to 
make  iuciuiry  and  examination  from  time  to  time  into  the  acts  and 
proceedings  of  chartered  transmission  companies  doing  business 
in  ihc  State,  from  oliiccrs  and  agents,  fur  the  jtui-pose  of  ascertain- 
ing whether  anything  has  been  done  in  violation  or  contravention 
of  their  charters  or  of  the  law,  and  the  commission  shall  give 
notice  to  such  companies  of  any  violation  of  such  law  and  compel 
compliance  with  the  same. 

Upon  the  complaint  of  the  board  of  municipal  authorities, 
within  which  any  part  of  the  transmission  lines  lie,  it  shall  be  the 
duty  of  the  commission  to  make  an  examination  of  the  physical 
condition  and  o])cration  thereof,  and  if  it  shall  deem  the  com- 
plaint well  founded  it  shall  so  adjudge  and  notify  the  corporation 
thereof,  and  such  corporation  or  person  shall  within  sixty  days 
thereafter  remove  the  cause  of  complaint.  The  commission  shall 
have  power  to  render  an  entry  of  jiulgment  for  fines  and  penalties 
or  for  the  recovery  of  money  in  any  complaint,  Avhether  instituted 
on  its  own  motion  or  otherwise,  and  to  issue  execution,  which  may 
be  levied  and  executed  in  like  manner  as  executions  charged  and 
issued  upon  the  terms  and  decrees  of  the  courts  at  law  or  equity, 
and  such  commission  shall  have  power  to  punish  for  contempt  per- 
sons summoned  to  appear  who  shall  fail  or  refuse  to  appear  and 


Compilation  of  Statutes.  o21 

testify  without  a  lawful  excuse  or  who  shall  refuse  to  answer 
proper  questions  propounded  to  him.  The  judgment  of  the  com- 
mission for  the  recovery  of  money,  fines  or  penalties  shall  be  a 
lien  on  the  real  estate  of  the  judgment  debtor  when  duly  docketed 
and  indexed  in  the  judgment  lien  docket  of  the  respective  courts. 
The  commission  shall  have  made  and  kept  in  its  clerk's  office 
a  register  of  all  corporations  chartered  and  existing  in  the  State 
and  of  all  foreign  corporations  licensed  to  transact  business 
therein. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Any  number  of  persons,  not  less  than  five,  may  establish  a 
corporation  to  purchase  lines  or  construct  and  maintain  and 
operate  telegraph  or  telephone  lines  or  both  or  any  other  works 
except  a  railroad  intended  to  be  used  for  public  service;  the  arti- 
cles of  incorporation  of  which  shall  require  its  name,  the  nature 
of  the  works  to  be  purchased,  constructed  or  operated,  the  name  of 
the  cities  or  counties  in  which  the  same  is  or  shall  be  constructed 
and  the  principal  termini  to  and  from  which  it  is  proposed  that 
the  same  be  purchased,  constructed  or  maintained,  the  estimated 
length  of  the  proposed  line  and  the  limitation  of  its  duration,  its 
capital  stock  and  the  division  thereof,  the  names  and  residences 
of  its  officers  and  directors,  and  the  place  in  the  State  in  which 
its  principal  office  will  be  located.  Such  articles  of  association 
?hall  be  acknowledged  and  presented  to  the  State  Corporation 
Commission,  who  shall  issue  or  refuse  the  same  accordingly,  and 
when  the  charter  shall  have  been  issued  the  san]e,  with  all  endorse- 
ments printed  and  the  order  of  the  State  Commission,  shall  be 
certified  to  the  Secretary  of  the  Commonwealth  and  by  him 
recorded  in  his  office  and  thereupon  returned  to  the  State  Cor- 
poration Commission  to  be  preserved  in  its  office.  JSTo  public  ser- 
vice corporation  shall  use  or  occupy  with  its  works  the  streets, 
public  or  private,  or  the  public  grounds  of  any  municipality  with- 
out the  consent  of  the  corporate  authorities  thereof,  and  in  case 
any  person  shall  be  damaged  in  his  property  by  such  use  such 
company  or  partnership  shall,  before  using,  crossing  or  occupying 
such  streets  or  public  grounds,  make  compensation  therefor  to 
the  person  so  damaged  under  the  rules  regulating  the  exercise 
Vol.   2—21 


322  Telegrai'11  am>  Telephone  Comtaxies. 

of  the  right  of  eminent  domain.  It  is  the  duty  of  the  corporation 
to  maintain  all  proper  and  needful  appliances  to  afford  the  utmost 
protection  to  the  employees  of  any  railroad,  canal,  turnpike  or 
other  public  service  corporation  or  all  of  the  persons  traveling 
upon  or  using  the  same. 

Public  service  corporations  in  which  the  State  is  a  stockholder 
shall  annually  make  report  to  the  State  commission  setting  forth 
the  condition  of  its  work,  its  expenditures  and  receipts  and  its 
sources  of  revenue  and  a  list  of  its  stockholders. 

Any  person  who  wilfully  destroys,  injures  or  obstructs  the 
works  of  a  public  service  corporation  shall  be  liable  to  it  for  three 
times  the  amount  of  the  actual  damage  to  such  person  and  shall 
not  be  removed  from  criminal  liability  therefor. 

Any  railroad  company  may  construct  and  maintain  along  its 
line  an  electric  telegraph  or  telephone  for  its  own  use  and  the 
use  of  the  public,  and  may  make  reasonable  charges  on  messages 
and  intelligence  conveyed  thereby. 

Every  telegraph  and  telephone  company  may  construct,  main- 
tain and  operate  its  line  along  and  parallel  to  any  of  the  railroads 
of  the  State,  and  shall  have  authority  to  occupy  and  use  the  pub- 
lic streets  and  public  grounds  in  any  of  the  counties,  with  con- 
sent of  the  board  of  supervisors,  or  in  any  incorporated  city  or 
town  with  the  consent  of  the  council  thereof,  and  of  the  water- 
ways of  the  State  for  the  erection  of  poles  and  wires  for  cables 
or  the  laying  of  underground  conduits,  operation  of  which  they 
nay  lease,  rent  or  hire  to  other  like  companies,  provided  the  same 
shall  not  obstruct  or  interfere  with  public  travel. 

It  is  the  duty  of  every  telegraph  company  to  receive  and  trans- 
mit despatches  from  and  over  any  other  telegraph  or  telephone 
companies  or  lines  and  from  and  over  any  persons  upon  the  pay- 
ment of  the  usual  charges  therefor,  if  such  payment  is  demanded, 
and  to  transmit  the. same  faithfully  and  with  substantial  accuracy 
as  promptly  as  possible  and  practicable,  and  in  the  order  of  deliv- 
ery to  such  company ;  for  every  violation  to  do  which  they  shall 
forfeit  the  sum  of  $100. 

Every  telephone  company,  upon  the  arrival  of  a  despatch  or 
message  at  the  point  to  which  it  is  to  be  transmitted  by.  such  com- 
pany, shall  deliver  it  promptly  to  the  person  to  whom  it  is  ad- 


COMPILATIOX    OF    STATUTES.  323 

dresjed,  bj  the  regulations  of  the  company  requiring  such  deliverv, 
or  to  forward  it  promptly  as  directed  where  the  same  is  to  be 
forwarded. 

Every  telegraph  company,  upon  the  arrival  of  a  despatch  or 
message  at  the  point  to  which  it  is  to  be  transmitted,  shall  cause 
the  same  to  be  forwarded  by  messenger  to  the  person  to  whom  the 
same  is  addressed,  and  upon  payment  of  any  charges  due  to  de- 
liver it,  provided  such  person  or  agent  resides  Avithin  the  city  or 
incorporated  town  in  which  such  station  is,  or  when  at  such  point 
the  regulations  of  the  company  require  such  company  to  forward 
a  despatch  or  message  promptly  as  directed  where  the  same  is  to 
be  forAvarded,  and  for  every  failure  so  to  do  the  forfeit  shall  be 
$100  to  the  person  sending  a  despatch  or  a  message  or  the  person 
10  whom  it  was  addressed.     A  company  cannot  contract  against 
its  own   negligence  in  sending,   receiving  or  delivering  any  de- 
■epatch  or  message  delivered  to  it  in  the  regular  course  of  business, 
.and   all   telegraph  and   telephone   companies   shall  be  liable  for 
special  damages  occasioned  by  the  negligent  failure  of  its  operators 
•or  sen^ants  in  receiving,  copying,  transmitting  or  delivering  de- 
spatches or  messages  or  for  the  disclosure  of  the  contents  thereof 
to  any  person  other  than  to  someone  to  whom  it  is  addressed.     The 
amount  of  damages  is  to  be  determined  by  a  jury  and  grief  and 
mental  anguish  occasioned  to  the  plaintiff  by  the  aforesaid  negli- 
gent failure  may  be  considered  by  the  jury  in  determining  the 
measure  of  damages,  and  such  special  damages  shall  not  be  barred 
by  the  articles  of  the  company  concerning  the  repeating  of  addi- 
tional messages  or  by  special  undertaking  to  relieve  the  company 
from  the  consequences  of  its  negligence. 

Tt  is  the  duty  of  all  telegraph  companies  to  receive  despatches 
and  messages  from  and  for  other  telephone  or  telegraph  lines 
doing  the  business  of  receiving  and  transmitting  messages  for 
compensation  and  from  and  for  any  person,  and  upon  the  pay- 
ment of  the  established  charges,  if  demanded,  to  transmit  the  same 
faithfully  and  impartially  and  as  promptly  as  practicable  and  in 
the  order  of  the  delivery  to  such  company. 

The  penalty  for  failure  to  transmit  promptly,  faithfully,  im- 
partially or  in  order  of  delivery,  is  the  sum  of  $100  to  the  person 
sending  or  wishing  to  send  such  despatch. 


324  Telegkapii  aM)  Telei'iio-Xe  Companies. 

IV.    TAXATION. 

Each  incorporated  telograph  and  tolepbone  company  shall  re- 
port annually  to  the  State  Corporation  Connnission  all  its  real 
and  personal  property,  showing  particularly  in  what  county  and 
school  district  the  property  is  located,  and  classify  the  same  under 
the  following  heads : 

First  —  dumber  of  miles  of  poles  or  conduits  owned  or  operated 
in  each  county,  city,  town  and  school  district. 

Second — Xuniber  of  miles  of  wires  in  excess  of  one  wire  in 
each  municipality. 

Third  —  Real  and  personal  property,  including  the  value  of 
telegraph  or  tclepbone  instruments,  switchboards,  etc.,  in  each 
municipality,  and  the  gross  earnings  and  receipts  in  the  State  for 
the  year  next  preceding. 

The  State  Corporation  Commission  shall  assess  upon  said  prop- 
erty the  taxes  imposed  by  law,  and  a  copy  of  the  assessment  when 
made  shall  be  forwarded  to  the  Auditor  of  Public  Accounts  and 
to  the  otHcer  of  each  company,  aiid  such  company  shall  pay  into 
the  treasury  of  the  State  tbe  tax  assessed  against  it. 

On  the  real  and  ]VMS(-.nal  ]-»roperty  of  telegraph  and  telephone 
companies  there  shall  l)e  a  tax  of  20  cents  on  every  $100  of  the 
assessed  value  of  the  real  estate  and  tangible  .personal  property, 
and  a  tax  of  25  cents  on  every  $100  of  the  assessed  value  of  the 
intangible  personal  ]u-«>perty  of  every  such  company,  and  a  fur- 
ther tax  of  10  cents  on  every  $100  of  the  assessed  value  thereof, 
which  shall  be  applied  to  the  support  of  the  schools  of  the  State, 
and  a  further  tax  of  5  cents  on  other  entries  on  the  assessed  value 
of  the  real  estate  and  tangible  personal  property  of  every  kind  and 
description,  which  shall  be  applied  to  the  payment  of  pensions. 

Each  telegraph  company,  for  the  privilege  of  doing  business 
wnthin  the  State,  shall  pay  a  license  fee  of  $2  per  mile  on  line  of 
poles  or  conduits  owned  or  operated  by  it  within  the  State,  and 
an  additional  charge  of  2  per  centum  of  the  gross  receipts  of  the 
company  from  business  done  within  the  State  during  the  year 
preceding. 

A  specific  license  tax  to  be  paid  by  every  company  for  the 
privilege  of  operating  apparatus  necessary  to  communicate  by  tele- 
phon-e  shall  be  when  the  gross  receipts  do  not  exceed  $50,000  and 


CoMriLATiox  or  Statutes.  325 

when  the  nmnber  of  miles  of  poles  does  not  exceed  300  and  a 
majority  of  the  stock  or  other  property  of  such  company  is  not 
owned  or  controlled  by  any  other  telephone  or  telegraph  company 
whose  receipts  exceed  $50,000,  a  sum  equal  to  1  per  cent,  of  the 
sross  receipts  of  such  company  from  business  done  within  the  State 
during  the  preceding  year,  where  any  or  all  of  the  foregoing  con- 
ditions are  exceeded  the  license  fee  shall  be  a  sum  equal  to  1  per 
cent,  of  the  gross  receipts  up  to  $50,000  and  an  additional  sum 
of  2  per  cent,  on  such  receipts  above  $50,000,  and  in  addition  a 
sum  equaling  $2  per  mile  on  line  of  poles  or  conduits  owned  or 
operated  by  such  company,  provided  that  no  license  tax  shall  be 
charged  against  a  telephone  company  for  the  privilege  of  prose- 
cuting its  business  when  such  company  is  purely  a  local  mutual 
association  and  does  not  charge  others  for  transmitting  messages 
over  its  lines  and  is  not  designed  to  accumulate  profits  for  the 
benefit  of  or  to  pay  dividends  to   the  stockholders  or  members 

thereof. 

Every  domestic  or  foreign  corporation  exercising  the  powers  of 
a  transportation  or  transmission  company  or  maintaining  and 
operating  a  public  service  line  of  any  kind  shall  pay  into  the 
State  treasury  a  charter  fee  to  be  ascertained  and  based  upon  its 
capital  stock,"^and  shall  pay  an  annual  registration  fee  based  upon 
its  capital  stock. 

Every  corporation  except  railway,  canal,  l^anking,  telephone 
companies  having  a  maximum  capital  of  $5,000,  except  cemetery, 
religious  and  charitable  associations,  shall,  in  addition  to  the  char- 
ter fee  taxed  on  property  and  income  or  receipts  and  license  tax 
and  registration  fee,  also  pay  an  annual  State  franchise  tax  based 
upon  its  capital  stock. 

The  treasurer  may  distrain  and  sell  any  personal  property  of 
the  company  and  shall  pay  the  amount  of  taxes  and  penalty  into 
the  treasury  within  ten  days  after  he  has  collected  the  same. 

The  Corporation  Commission  shall  furnish  to  the  chairman 
of  the  board  of  supervisors  of  each  county  and  the  municipal 
officer  of  each  city  the  list  of  the  railroad,  canal,  telephone  and 
telegraph  commerce  within  the  county  or  city,  together  Avith  the 
number  of  miles  of  their  lines,  and  the  assessment  made  thereon 
by    said    Corporation    Commission    and    such    muuiciiKil    officers 


326  TKLELiKAlMI    AND    TkLEPIIONK     f'r .  \i  !■  \  \  i  i  <. 

shall  assess  the  real  estate  and  personal  i)rui)crty  iui-  the  purposes 
of  municipal  taxation  at  the  same  assessment  thereof  as  the  assess- 
ment for  State  taxation,  and  the  council  of  city  or  town  may,' 
when  anything  for  which  a  license  is  so  required  is  to  be. done 
within  the  cit^'  or  town,  impose  a  tax  for  the  privilege  of  doing 
the  same,  and  require  a  license  to  be  obtained  therefor,  and  may 
require  from  the  licensee  a  bond. 

The  boards  of  supervisors  of  the  counties  have  power  to  fix 
the  amount  of  county  levies,  and  order  the  levy  on  the  real  estate 
and  personal  property'  of  telephone  and  telegraph  companies  and 
their  liurs  which  pass  through  their  respective  counties. 

V.  cKiMi:s  AM)  i'i:\Ai/rn:s. 

The  uulawfu]  use  of  tele]ihone  and  telegra])h  Hues  aud  instru- 
ments and  the  uialiciMiis  injui-y  ui-  destruction  of  any  telephone 
or  telegra|)h  iiiic,  wire,  pole  or  material  or  property  belonging 
thereto,  or  the  wilful  or  malicious  obstruction  or  delay  of  any  lines 
whatever,  of  the  sending,  conveying  or  delivery  of  any  authorized 
commuuicafidu,  or  rho  l)r(\Tkiug  or  i:ij)]tiug  or  making  connection 
with  any  toleiihone  or  telegraph  lines  or  instruments  is  a  misde- 
meanor and  punishable  by  a  fine  of  not  more  than  $200  or  im- 
prisonment for  not  more  than  six  months,  or  both. 

The  cori-u])tiug  or  iutlnciicing  of  agents  or  employees  without 
the  knowledge  aud  cimsent  of  his  principal  or  giving  to  such  agent 
or  emjdoyoe  a  gratuity  or  gift  under  an  arrangement  or  with  an 
understanding  that  he  shall  act  in  any  particular  manner  as  to  his 
employer's  business  or  who  as  agent,  directly  or  indirectly  or  by 
means  of  another,  obtains  or  demands  a  counnissiou,  discount  or 
bonus  from  the  jierson  who  makes  such  sale  or  contract  or  fur- 
nishes materials  aud  supplies,  and  any  person  who  gives  such 
agent  or  eui]doyei-  such  discount  or  bonus  shall  be  guilty  of  a 
misdemeanor  and  ])U]iislied  by  a  fine  of  not  less  than  $100  or 
imprisouniont  for  n(^t  inorc^  than  six  months,  or  both. 

VI.  LIMITATIONS  OF  TRADE  AND  C03IME11CE. 

Xo  statutes. 

VII.  liEGISLATURE. 

The  General  Asscnd)lv  shall  meet  once  in  two  vears. 


Compilation  of  Statutes.  327 


WASHINGTON. 


I.    CONSTITUTION. 

Corporations  may  be  formed  under  general  laws,  but  shall  not 
be  created  by  special  acts.  The  liability  of  stockholders  in  a  cor- 
poration is  limited  to  the  amount  of  the  nnpaid  stock. 

Xo  corporation  organized  ontside  the  limits  of  the  State  shall 
be  allowed  to  transact  business  within  the  State  on  more  favor- 
able conditions  than  are  prescribed  by  law  to  similar  corporations 
organized  under  the  laws  of  this  State.  The  State  shall  not  in 
any  manner  loan  its  credit,  nor  subscribe  to  or  be  interested  in 
the  stock  of  any  company,  association  or  corporation. 

Xo  private  property  shall  be  taken  or  damaged  for  private  use 
without  just  compensation  having  been  first  made,  and  the  exer- 
cise of  the  right  of  eminent  domain  can  never  be  so  abridged  or 
-construed  as  to  prevent  the  Legislature  from  taking  the  property 
and  franchises  of  incorporated  companies  and  subjecting  them  to 
public  use  the  same  as  the  property  of  all  individuals. 

Any  company  or  the  lessees  or  managers  thereof-  organized  for 
the  purpose,  or  any  individual,  shall  have  the  right  to  construct 
and  maintain  lines  of  telegraph  and  telephone  wdthin  the  State. 
Such  companies  shall  receive  and  transmit  each  other's  messages 
without  delay  or  discrimination,  and  all  of  such  companies  are 
declared  hereby  to  be  common  carriers  and  subject  to  legislative 
control.  Railroad  corporations  shall  allow^  telegraph  and  telephone 
companies  to  construct  and  maintain  lines  on  and  along  the  right 
of  way  of  the  railroad,  and  no  railroad  company  shall  allow  any 
telegraph  company  any  facilities,  privileges  or  rates  for  trans- 
portation on  account  of  material  or  for  repairs  for  lines  not 
allowed  to  all  telegraph  companies. 

The  right  of  eminent  domain  is  extended  to  all  telegraph  and 
telephone  companies. 

The  power  to  tax  corporations  and  corporate  property  shall  not 
be  surrendered  or  suspended  by  any  contract  or  grant  to  which  the 
State  shall  be  a  party,  l^o  municipal  corporation  shall  give  any 
money  or  property  or  loan  its  credit  or  money  to  or  in  aid  of  any 


328  Teleguapii  and  Telephone  Companies. 

indivicliial,  association  or  company  except  for  the  necessary  sup- 
port of  the  poor  and  intirni,  or  become  directly  or  indirectly  the 
owner  of  any  stock  in  or  bonds  of  any  association,  company  or 
corporation. 

Monopolies  and  trusts  shall  never  be  allowed  in  this  State,  and 
no  incorporated  company,  copartnership  or  association  in  this 
State  shall,  directly  or  indirecjtly,  combine  or  make  any  contract 
Avith  any  other  incorporated  company,  foreign  or  domestic, 
through  their  stockholders  or  the  trustees  or  assigns  of  such  stock- 
holders, or  with  any  copartnership  or  association  of,  or  in  any 
manner  whatever,  for  iho  purpose  of  fixing  the  price  or  limiting 
the  production  or  regulating  the  transportation  of  any  product  or 
connnodity. 

II.    CORPORATIONS. 

Any  two  or  more  ]>ersous  may  form  a  cor})or;ttiou  and  shall 
subscribe  articles  of  incorporation  in  triplicate  and  file  one  with 
the  Secretary  of  State  and  another  in  the  office  of  the  county 
auditor  of  the  county  in  which  the  principal  business  of  the  com- 
pany is  intended  to  be  located  and  retain  the  third  in  the  posses- 
sion of  the  corporation.  Such  articles  shall  state  its  name  and 
object,  capital  stock  and  term  of  existence,  not  to  exceed  fifty 
years,  the  number  of  shares  and  tlie  number  of  trustees.  And 
its  corporate  power  shall  be  exercised  by  a  board  of  not  less  than 
two  trustees,  who  must  be  share  holders  and  at  least  one  of  whoni 
shall  be  a  resident  of  the  State.  And  shall  annually  file  a  list 
of  the  elected  officers  with  the  county  auditor. 

Xo  corporation  shall  commence  business  or  institute  proceed- 
ings to  coudenni  land  for  corporate  purposes  until  the  %vhole 
amount  of  its  capital  stock  has  been  subscribed.  Every  corpora- 
tion, domestic  or  foreign,  shall  annually  pay  to  the  Secretary  of 
State  a  license  fee  of  $10. 

A  corporation,  domestic  or  foreign,  may  own,  hold,  sell, 
assign  or  transfer  the  stock  of  other  corporations. 

Xo  corporation,  a  majority  of  whose  capital  stock  is  o\\Tied  by 
aliens,  other  than  those  w'ho  in  good  faith  have  declared  theii" 
intention  to  become  citizens. of  the  Ignited  States,  shall  acquire 
the  0"v\Tiership  of  lands  in  the  State,  other  than  lands  containing 


CoMriLATiox  or  Statltes.  329 

■deposits  of  minerals,  except  when  acqnired  under  mortgage  or  in 
good  faith  in  the  ordinary  course  of  justice  in  collection  of  debts. 
Foreign  corporations  shall  file  with  the  Secretary  of  State 
articles  of  incorporation  and  shall  also  constitute  and  appoint  an 
agent  a  resident  of  the  State  where  its  principal  jdacc  of  business 
is  to  be  located  upon  whom  service  of  process  may  be  made. 

.  Every  county  assessor  shall  annually  ascertain  the  names  of 
foreign  companies  doing  business  by  agent  or  otherwise  within  his 
county,  the  nature  of  the  business  and  the  name  of  the  agent,  and 
shall  deliver  such  list  of  names  to  the  county  auditor,  who  shall 
transmit  a  copy  of  such  list  to  the  Secretary  of  State. 

An  agent  of  a  foreign  company  doing  business  contrary  to  the 
provisions  of  this  article  is  guilty  of  a  misdemeanor  punishable  by 
a  fine  not  exceeding  $200  or  imprisonment  not  exceeding  three 
months,  or  both,  and  any  assessor  or  auditor  failing  to  comply 
with  the  conditions  of  this  act  shall  be  also  guilty  of  a  misde- 
meanor, and  any  foreign  corporation  failing  to  comply  with  the 
terms  of  such  act  shall  be  subject  to  a  penalty  of  $250,  recover- 
able in  a  civil  action  by  the  Attorney-General  of  the  State. 

III.  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

The  right  of  eminent  domain  is  extended  to  all  telegraph  or 
telephone  companies  organized  or  doing  business  in  the  State,  and 
every  railroad  operated  in  the  State  is  and  shall  be  designated 
•''  post  road,"  and  the  company  owning  the  same  shall  allow  tele- 
graph and  telephone  companies  to  construct  and  maintain  tele- 
graph and  telephone  lines  on  and  along  the  right  of  way  of  such 
railroad,  and  such  companies  may  appropriate  so  much  land  as 
may  be  actually  necessary  for  its  line  of  telegraph  or  telephone, 
with  the  right  to  enter  upon  lands  immediately  adjacent  thereto 
for  the  purpose  of  constructing,  maintaining  and  operating  its 
line  and  make  the  necessary  repairs,  and  may  also,  for  the  pur- 
poses aforesaid,  enter  upon  and  appropriate  a  portion  of  the 
right  of  way  of  any  railroad  company;  provided  such  appropria- 
tion shall  not  obstruct  such  railroad  nor  the  travel  thereon  nor 
interfere  with  the  operation  thereof. 

Telegraph  companies  and  telephone  companies  shall  receive, 
exchange   and   transmit  each   other's  messages   without  delay  or 


330  Telegraph  and  Telephone  Companies. 

discriiniiiatioii,    mikI    all    telephone    companies    shall    receive    and 
transmit  messages  for  any  person. 

Telegraph  companies  shall  transmit  all  despatches  in  the  order 
in  which  thev  are  received.  Penalty  of  $100  to  he  recovered  in 
action,  with  costs,  by  the  person  whose  despatch  is  postponed  out 
of  its  order,  provided  precedence  shall  be  given  to  connniini- 
cations  to  and  from  public  officers  and  official  business. 

Contracts  made  by  telegraph  shall  be  deemed  contracts  in  writ- 
ing, and  all  comiiiunications  sent  bj'  telegraph  and  sent  by  the 
person  or  persons  sending  the  same  or  by  his  or  their  authority 
shall  be  held  and  deemed  to  be  communications  in  writing. 

Xotice  by  telegraph  shall  be  deemed  actual  notice,  provided 
the  despatch  containing  ihe  same  be  delivered  to  the  person  entitled 
thereto  or  to  his  agent,  and  instruments  in  writing  approved, 
acknowledged  and  cert i tied  so  as  to  be  entitled  to  record  may, 
with  the  certificate  of  ]u-oof  or  acknowledgment,  be  sent  by  tele- 
graph, and  the  telegrapliic  copy  shall  fin  ma  facie  have  the  same 
force  and  eflFect  in  all  respects  and  may  be  admitted  to  record  in 
the  same  manner  and  with  like  effect  as  the  original. 

Checks,  due  ])ills,  ])romissory  notes,  bills  of  exchange  and  all 
orders  or  agreements  for  the  payment  or  delivery  of  money  or 
other  thing  of  value  may  be  made  or  drawn  by  telegraph,  and 
shall  have  the  same  force  and  effect  to  charge  the  maker,  drawer^ 
endorser  or  acceptor  thereof,  and  shall  creat-e  the  same  rights  and 
equities  and  bo  entitled  to  the  same  days  of  grace  as  if  made  and 
drawn  and  delivered  in  writing,  and  whenever  the  genuineness  or 
execution  of  such  instrument  shall  be  denied  by  or  on  behalf  of 
the  person  sought  to  be  charged  thereby,  it  shall  be  incumbent  upon 
the  party  claiming  under  or  alleging  the  same  to  prove  the  exist- 
ence and  execution  of  the  original  writing  from  which  telegraphic 
copy  was  transmitted,  and  the  original  message  shall  in  all  cases 
be  preserved  in  the  telegraph  office  from  which  the  same  is  sent. 
Telegraphic  copies  of  instruments  in  writing,  together  with  the 
certificate  and  official  seal,  may  be  sent  by  telegraph. 

Any  telegraph  or  telephone  company,  or  the  lessees  thereof, 
doing  business  in  the  State  shall  have  the  right  to  construct  and 
maintain  all  necessary  lines  of  telegraph  or  telephone  for  public 
traffic  along  and  upon  any  public  road,   street  or  highway  and 


COMPILATIOX  OF  STATUTES.  331 

along  or  across  any  railroad  right  of  way,  and  may  erect  poles, 
insulators,  wires  and  fixtures  in  sncli  manner  and  at  such  point 
as  not  to  incommode  the  public  in  the  use  of  such  railroad  or 
highway,  and  where  the  right  of  way  is  within  the  corporate  limits 
of  any  city  the  consent  of  the  city  council  shall  be  first  obtained. 

Any  person  who  injures  or  destroys  any  necessary  or  useful" 
fixtures  of  a  telegraph  or  telephone  company  is  liable  to  the  com- 
pany for  all  damages  sustained  thereby,  and  any  vessel  which,  by 
dragging  its  anchor  or  otherwise,  breaks,  injures  or  destroys  the 
subaqueous  cable  of  a  telegraph  or  telephone  company  subjects 
its  owners  to  the  damages  herein  specified,  and  any  person  who 
wilfully  and  maliciously  does  any  injury  to  any  telegraph  or 
telephone  property  herein  mentioned  is  liable  to  the  company  for 
five  times  the  amount  of  actual  damage  sustained  thereby,  to  be 
recovered  in  an  action  in  a  court  of  competent  jurisdiction. 

Any  telegraph  or  telephone  company  refusing  to  receive,  ex- 
change and  transmit  each  other's  messages  are  subject  to  the  pen- 
alty of  not  more  than  $500  fine  for  each  offense,  and  if  a  railroad 
shall  refuse  to  allow  a  telegraph  or  telephone  company  to  main- 
main  their  lines  on  the  railroad  right  of  way,  it  shall  be  liable 
for  damages  in  the  sum  of  not  more  than  $5,000  for  each  offense 
and  $100  per  day  during  the  continuance  thereof. 

In  order  that  damages  may  be  recovered  for  the  breaking  or 
injury  of  any  subaqueous  cable,  the  company  o\ming.the  same 
shall  give  notice  as  to  its  location  by  a  monument  erected  on 
either  bank  of  the  waters  on  which  the  cable  is  placed,  indicating 
the  place  where  such  cable  lies,  and  published  for  one  month  in 
some  newspaper  most  likely  to  give  notice  to  navigators,  the 
notice  giving  the  description  and  purpose  of  the  monuments  and 
the  general  course,  landings  and  termini  of  such  cable.   • 

Any  writ  or  order  in  a  civil  action  and  all  papers  requiring 
service  may  be  served  or  executed  by  the  oflicer  or  person  to  whom 
it  is  sent  for  that  purpose  and  returned  by  him,  if  a  return  be 
requested,  in  the  same  manner  and  with  the  same  force  and  effect 
and  in  all  respects  as  the  original  thereof  might  be  if  delivered  to 
him.  And  the  original,  writ  or  order,  shall  also  be  filed 
with  the  court  from  which  it  was  issued  and  a  certified  copy 
thereof  shall  be  preserved  in  the  telegraph  office  from  which  it 
was  sent. 


333  TELEGlJAril    AND    TkLKP  1 1 OM".    CoMl'AXIKS. 

When  niiv  person  shall  have  been  iixlicred  ov  acciisod  on  oath 
of  any  public  offense  or  therein  convicted  and  a  warrant  of  arrest 
shall  have  been  issned,  the  magistrate  issning  the  same,  or  any 
jndge  of  the  Snpremc  or  Snperior  Conrt,  may  endorse  thereon 
an  order  signed  by  him  and  authorizing  the  service  thereof  by 
telegra])h,  and  thereupon  sn(di  \vnrr:inf  and  order  may  be  sent 
by  telegi-ajih  to  any  marshal,  sheriff  or  otHcer,  who,  on  receipt 
therer.f,  shall  have  the  same  authority  and  be  under  the  same 
obligation  to  arrest  and  detain  such  person  as  if  the  original  war- 
rant with  ])ro])er  direclieu  therc^tn  ^ha^l  have  been  jilaced  in  his 
hands,  and  sucdi  telegraphic  copy  shall  be  entitled  to  full  faith  and 
credit  and  have  the  same  force  and  effect  in  all  courts  and  places 
as  the  original. 

IV.    TAXATIOX. 

Telegraph  or  tele])hono  ('«inijiani(^s  shall  annually  return  to  the 
county  assessors  a  mai>  and  a  sclie(liil(^  showing  its  capital  stock, 
the  amount  ]iaid  in,  the  market  or  true  value  thereof,  the  amount 
of  indebtodn(>ss,  except  current  expenses  for  operating  the  line, 
length  of  line  in  each  county  and  total  length  in  the  State,  and 
the  total  assessed  \ahiation  of  its  tangible  i^roperty  in  the  State, 
and  the  date,  character,  extent  and  value  of  its  gross  income,  num- 
ber of  poles  ]ier  mile  and  number  of  wires.  The  county  assessor 
shall  transmit  a  copy  thereof  to  the  State  Auditor. 

All  ]>ro])erty.  real  and  jK-r-onal.  owned  by  such  company  and 
situate  in  the  State  must  be  listed  and  assessed  for  taxation  and 
shall  be  subject  to  the  same  levies  as  the  property  of  the  indi- 
viduals. 

All  property  must  be  assessed  at  its  true  and  fair  value  in 
money  and  in  determining  such  true  and  fair  value  the  assessor 
shall  not  adopt  a  lower  or  different  standard  of  value  because  the 
same  is  to  serve  as  a  basis  of  taxation,  nor  shall  he  adopt  as  a 
criterion  of  value  a  price  for  which  such  property  would  sell  at 
auction  or  at  a  forced  sale,  nor  in  the  aggregate  with  all  the 
property  of  the  town  or  district,  but  he  shall  value  each  article 
or  description  of  property  by  itself  and  at  such  amount  or  value, 
the  same  to  be  as  he  believes  it  worth  fairlv  at  the  time  such 


Compilation  op  Statutes.  333 

assessment  is  made.  The  true  cash  value  of  property  shall  be 
that  value  at  M-hich  the  property  would  be  taken  in  payment  of  a 
just  debt  from  a  solvent  debtor. 

The  board  of  county  commissioners  are  authorized  to  lay  out 
roads  and  highwaj's,  fixing  the  amount  of  county  tax,  and  to 
have  the  care  of  the  county  property,  and  are  authorized  and 
empowered  to  grant  franchises  to  use  the  public  roads  for  tele- 
graph and  telephone  purposes.  Public  notice  of  the  hearing  for 
the  application,  which  shall  be  published,  giving  the  name  of 
the  applicant,  a  description  of  the  road  or  streets  for  which  the 
application  is  made  and  the  time  and  place  of  the  hearing,  and  if, 
after  such  hearing,  the  board  shall  deem  it  to  be  for  the  public 
interest  to  grant  such  franchise  in  whole  or  in  part,  the  board 
may  make  and  enter  proper  order  granting  the  franchise  applied 
for,  or  such  part  thereof  as  the  board  finds  will  cause  the  least 
interference  with  other  uses  of  roads  or  streets,  and  the  company 
constructing  or  operating  such  on  or  along  such  county  road  or 
street  shall  be  liable  to  the  county  for  all  necessary  expenses  in- 
curred and  restoring  such  road  or  street  to  a  suitable  condition 
also  provided  that  no  exclusive  franchise  shall  be  granted  nor  any 
franchise  shall  be  for  a  period  longer  than  fifty  years.  Cities  of 
the  first  class  have  power  to  provide  for  levying  and  collecting 
taxes  on  real  and  personal  property  or  for  its  corporate  use  and 
to  grant  licenses  for  any  lawful  purpose  and  to  fix  by  ordinance 
the  amount  to  be  paid  therefor  and  to  provide  for  the  revoking 
of  the  same. 

Cities  of  the  second  class  shall  have  power  to  fix  and  collect 
license  tax  upon  all  occupations  and  trades  and  all  and  every 
other  kind  of  business  authorized  by  law  not  herein  sj)ecified,  and 
are  authorized  to  lay  out,  alter  and  repair  public  highways  and 
public  places  within  the  city  and  to  remove  all  obstructions  there- 
from. Cities  of  the  third  class  shall  have  the  power  to  license 
for  purposes  of  regulation  and  revenue  all  and  every  kind  of  busi- 
ness authorized  by  l^w  and  transacted  and  carried  on  in  such 
cities,  and  to  fix  road  license  tax  on  the  same  and  provide  for  the 
collection  thereof,  and  permit  the  construction  and  maintenance 
of  telegraph,  telephone  and  electric  lines  thereon. 

Towns  or  cities  of  the  fourth  class  shall  have  like  power. 


334  Telegii^vpii  and  Telephone  Companiks. 

V.    CRIMES  AND  PENALTIES. 

Every  person  who  shall  bv  himself  or  ajriMit  transact  any  busi- 
ness without  a  license  where  such  license  is  required  shall,  on 
conviction,  be  fined  not  exceeding  $500,  and  in  all  oases  where 
the  principal  is  prosecuted  the  agent  may  be  compelled  to  testify, 
and  vice  versa. 

Wilful  and  inalieioiis  intorfcrcnce,  cutting  or  breaking  or  mak- 
ing connection  with  or  reading  or  usiug  telegraph  and  telephone 
instniments  in  any  unauthorized  nuiunor  or  any  unauthorized  use 
of  such  inforuiation  or  Avilful  obstruction  or  delay  in  the  sending, 
conveyance  or  delivery  of  any  authorized  communication  by  or 
through  any  telegraph  or  telephone  line  or  any  wilful  or  malicious 
agreement  with,  employment  or  conspiracy  with,  any  person  to 
do  any  of  such  unlawful  acts  is  a  felony  and  punishable  by  a  fine 
of  not  more  than  $300  or  imprisonment  of  not  more  than  five 
years,  or  both. 

Wilful  divulging  to  any  person  other  than  the  party  by  whom 
the  same  was  sent  or  to  whom  addressed  or  his  agent  of  any  mes- 
sage received  or  sent  for  any  telegraph  line  or  the  contents  or 
purport  thereof,  or  wilful  altering  of  such  message,  is  a  misde- 
meanor punishable  by  a  fiuo  not  exceeding  $1,000  or  by  imprison- 
ment not  exceeding  one  year,  or  both. 

Sendins:  a  false  or  forced  telegi-am,  wilfullv  or  knowingly,  bv 
an  agent  or  operator  of  a  telegraph  company,  or  wilful  delivery 
or  causing  to  be  delivered  any  false  message,  is  a  misdemeanor 
punishable  by  a  like  fine.  The  agent  or  employee  of  any  com- 
pany shall  not  in  any  way  use  or  appropriate  any  information 
derived  by  him  from  any  message  passing  through  his  hands,  and 
if  he  shall  use  it  or  turn  or  attempt  to  turn  the  same  to  his  own 
account  he  shall  be  guilty  of  a  misdemeanor  and  subject  to  a  like 
penalty. 

The  wilful  refusal  or  neglect  of  any  agent  or  operator  to  send 
any  message  received  for  transmission  or  the  unreasonable  and 
wilful  postponement  of  the  same  or  wilful  and  unreasonable  re- 
fusal or  neglect  to  deliver  any  message  shall  be  guilty  of  a  mis- 
demeanor and  subject  to  like  penalty,  provided  that  the  charges 
thereon  shall  have  been  paid  or  tendered,  and  this  section  shall 
not  require  the   sending,   receiving  or   delivery  of  any  message 


COMPILATIOX  OF  STATUTES.  335 

aiding,  abetting  or  encouraging  treason  against  the  government 
■or  other  resistance  to  lawful  authority,  or  any  message  calculated 
to  further  instigate  the  perpretation  of  any  unlawful  act  or  in  any 
manner  wilfully  obtaining  a  message  intended  for  another  or  the 
wilful  and  unlawful  opening  of  a  sealed  envelope  enclosing  a  tele- 
graph despatch  addressed  to  any  other  person  is  a  misdemeanor 
and -subject  to  a  like  punishment. 

Bribing  or  inducing  or  requesting  an  operator  to  disclose  a 
private  message  or  the  contents  or  purpose  thereof  is  a  misde- 
meanor and  subject  to  a  like  penalty. 

Wilfully  or  maliciously  cutting  or  breaking  of  any  telegraph 
pole  or  other  material  used  in  a  telegraph  line,  or  the  malicious 
breaking  or  injury  of  any  insulator,  or  the  removal  of  any  wire 
therefrom,  or  the  wilful  destruction  of  the  insulation  of  such  tele- 
graph line,  or  the  interruption  of  the  transmission  of  electric  cur- 
rent is  a  misdemeanor  punishable  by  a  fine  not  exceeding  $500 
or  imprisonment  not  exceeding  six  months,  or  both. 

The  officers  of  any  telegraph  company  may  file  in  the  office 
of  the  Secretary  of  State  a  copy  of  any  printed  blank,  envelope 
or  picture  or  device  used  or  intended  to  be  used  by  such  com- 
pany, with  a  certificate  that  the  same  is  commonly  used  or  in- 
tended so  to  be  in  the  business  of  such  company  as  a  distinguish- 
ing mark,  notice  or  index  of  said  business,  and  thereupon  such 
blank,  envelope,  picture  or  device  shall  be  the  property  of  such 
company  and  it  shall  not  be  lawful  for  any  person,  unless  by  the 
permission  of  such  company,  to  print,  publish,  distribute  or  use 
or  cause  to  b*  printed,  published,  distributed  or  used  either  of 
them  or  any  copy,  similitude  or  imitation  thereof,  nor  shall  any 
line  of  telegraph  be  unlawfully  removed,  taken  down  or  displaced 
without  the  consent  of  the  owner,  nor  shall  the  wire  or  cables 
thereof  be  severed  in  any  manner  so  as  to  interrupt  the  transmis- 
sion of  electrical  current  over  any  such  line,  nor  shall  any  person 
wilfully  or  wantonly  set  any  fire  that  shall  result  in  the  destruc- 
tion or  injury  of  any  line  erected  for  the  transmission  of  elec- 
trical current,  and  any  person  so  doing  shall  be  guilty  of  a  mis- 
demeanor punishable  by  a  fine  not  exceeding  $500  or  imprison- 
ment not  exceeding  one  year,  or  both. 

Payment  for  labor  shall  be  made  in  lawful  money  and  shall  be 
paid  in  cash  or  by  order  redeemable  in  cash  at  its  face  value  at 


336  TELEtiUAru  and  Tklepiione  Companiks. 

the  bank,  stoi'e  or  comniissarv  or  other  phicc  in  tlie  county  where 
the  hibor  was  performed,  and  payment  for  labor  otherwise  than 
by  money  shall  render  the  iinn,  person  or  company  guilty  of  a 
misdemeanor  punishable  by  a  line  not  exceeding  $300,  and  upon 
failure  to  pay  the  same  imprisonment  in  the  county  jail  until 
such  fine  is  exhausted  by  imprisonment. 

Black  listing  of  eiii|i]()yees  is  prohibited. 

^o  female  under  18  years  of  age  shall  be  employed  as  public 
messenger  by  any  telegraph  or  telephone  or  messenger  company, 
nor  shall  any  child  of  either  sex  under  the  age  of  14  be  hired  to 
labor.  And  each  ]ianMit  or  guardian  or  person  having  immediate 
custody  of  any  child  from  S  to  15  years  of  age  shall  cause  such 
child  to  attend  the  public  schools  of  the  district  in  whi<^h  he  resides 
for  the  full  term  in  which  such  school  may  be  in  session,  or  privato 
school  for  a  like  period. 

Xo  child  under  15  years  of  age  shall  be  cmidoyed  by  any  tele- 
graph or  telephone. company  during  the  time  in  whi(di  the  public 
schools  of  the  district  in  which  such  child  resides  is  in  session 
unless  such  child  presents  a  certificate  from  the  school  sujier- 
intendent  excusing  the  said  child  from  attendance  and  setting 
forth  the  reason  therefor. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

Xo  statutes. 

VII.  LEGISLATURE. 

The  Legislature  of  the  State  shall  meet  biennially. 

WASHINGTON  ADDENDA. 

The  Railroad  Commission  is  created  to  be  composed  of  three 
persons  to  be  appointed  by  the  Governor. 

That  the  rates,  tolls,  contracts  and  charges  of  all  telephone  and 
telegraph  companies  for  messages,  conversations,  services  ren- 
dered and  equipment  and  facilities  supplied,  whether  such  mes- 
sages, conversation  or  service  to  be  performed  be  over  one  com- 
pany or  line  or  over  or  by  two  or  more  companies  or  lines  shall 
be  fair,  just,  reasonable  and  sufficient,  and  the  service  so  to  be 
rendered  to  any  person,  firm  or  corporation  by  any  telephone  or 
telegra])h  company  shall  be  rendered  and  performed  in  a  prompt, 
expeditious  and  efficient  manner,  and  the  facilities  and  equip- 
ment furnishe<l  it  shall  be  safe,  kept  in  good  condition  and  re- 


COMPILATIOX    OF    STATUTES.  337 

pair,  and  its  appliances  and  service  shall  be  modern,  sufficient 
and  efficient,  provided,  however,  that  nothing  in  this  act  con- 
tained shall  authorize  the  establishing  of  any  joint  rate  or  rule 
respecting  any  telephone  or  telegraph  service  as  to  any  business 
originating  in  any  city  or  town  in  which  each  company  to  be 
affected  by  such  joint  rate  or  rule  has  transmitting  offices,  and  the 
Railroad  Commission  is  vested  with  power  and  authority  upoii 
complaint  'made  or  by  inquiry  on  its  own  motion,  after  a  full 
hearing,  to  make  any  findings  declaring  an  existing  rate,  toll,  con- 
tract or  charge  or  the  absence  of  any  rate,  toll  or  charge,  joint 
or  otherwise,  for  the  transportation  of  property  or  transmission 
of  any  message,"  conversation  or  service  rendered  whether  sucb 
rate  charged  be  for  a  service  rendered  over  one  line  of  telegraph 
or  telephone  or  over  two  or  more  telegraph  or  telephone  lines,  or 
any  regulation  or  rule  whatsoever  affecting  said  rate  or  charge, 
or  the  sufficiency,  efficiency  of  any  facilities  or  equipment  used  by 
any  such  com])any  to  be  unreasonable,  insufficient,  inefficient  or 
unjustly  discriminatory,  and  declaring  and  ordering  what  shall 
be  a  just  and  reasonable  rate,  toll  or  charge,  joint  or  otherwise, 
provided  by  the  rules  or  tariffs  to  be  charged,  imposed,  performoti 
or  followed  in  the  future  in  the  place  of  that  found  to  be  un- 
reasonable, in  sufficient,  inefficient  or  unjustly  discriminatory, 
to  make  findings,  declare  an  existing  rate,  toll  or  charge  or  any 
classification  which  has  been  the  subject  of  inquiry,  after  notice 
given,  to  be  sufficiently  remunerative  to  any  telephone  or  telegraph 
company  or  to  be  reasonable,  proper  and  sufficient,  and  to  order 
that  the  same  be  not  changed  or  abrogated  or  discontinued  with- 
out first  obtaining  the  consent  of  the  commission 

The  order  of  the  commission  shall  of  its  own  force  take  effect 
and  become  effective  after  a  notice  thereof  has  been  given  to  the 
telegraph  or  telephone  company  affected  thereby,  and  service 
thereof  shall  be  made  by  delivery  by  a  certified  copy  to  the 
attorney  for  the  company,  or  on  the  company  itself,  upon  any 
officer  upon  whom  a  civil  summons  might  be  served. 

Appeal  lies  by  the  company  affected  to  the  Superior  Court  of 
the  State  in  the  county  in  which  the  hearing  before  the  commis- 
sion upon  the  complaint  has  been  held  and  such  order  is  subject  to 
Vol.  2  —  22 


338  Telegraph  and  Tklki-hoxe  Companies. 

review,  and  its  reasonableness  and  lawfulness  may  be  inquired 
into  and  dotonuined  upon  such  review. 

The  commission  may  at  any  time  upon  notice  and  after  oppor- 
tunity to  be  heard,  rescind,  alter  or  amend  any  order  fixing  any 
rate,  toll,  fare  or  obar;re,  and  any  company  dissatisfied  with  such 
rate  or  toll  may  after  the  expiration  of  six  months  after  the  taking 
effect  of  such  order  petition  the  commission  for  a  re-hearing. 

When  the  rate  or  toll  established  by  the  commission  shall  be  a 
joint  rate  and  (lie  telegraph  or  telephone  companies  parties  thereto 
fail  to  agree  upon  the  apportionment  thereof  among  themselves 
within  ten  days  after  notice  of  such  order,  the  commission  may 
issue  a  supplemental  order  declaring  the  portion  of  such  joint  rate 
to  be  received  by  each  party  thereto. 

The  commission  may  apply  to  the  Superior  Court  to  enforce 
obedience  to  its  onb  r  l.v  \vy\i  af  iiijuneti"!!  or  ..tli.i-  nppropriate 
process. 

When  complaint  is  made  in  writing  that  any  rate  or  charge 
are  unreasonable  or  unjustly  discriminatory,  the  commission  shall 
give  to  the  telephone  or  telegraph  company  ten  days'  written 
notice  of  hearing,  and  on  such  hearing  the  commission  is  author- 
ized to  inquire  into  the  grievance  whereof  complaint  may  have 
been  made,  or  by  iiKjuirv  upon  its  own  motion,  and  may  by  order 
and  judgment  decide  and  adjust  the  same. 

The  commission  is  authorized  and  empowered  to  promulgate 
and  issue  rules  and  regnlatit^ns  regulating  the  conditions  to  be 
contained  in  and  become  a  part  of  contracts  for  transportation  of 
messages  or  conversations.  Such  rules  shall  be  promulgated  and 
issued  by  the  commission  on  its  own  motion  and  served  on  the 
company  affected  thereby.  Any  company  deeming  such  regula- 
tions improper,  unjust  or  contrary  to  law  may,  within  twenty 
days  after  receipt  of  the  same,  file  objections  thereto  with  the 
commission  who  shall  then  fix  a  time  and  place  for  public  hearing 
of  the  same. 

The  commissioners  are  each  authorized  to  administer  oaths  and 
compel  the  attendance  of  witnesses  and  productions  of  papers. 
If  the  decision  on  the  written  complaint  be  unsatisfactory  to  the 
person  making  the  same  such  dissatisfied  party  shall  have  the  right 
of  appeal  from  the  Superior  Court  of  the  State  in  the  county  in 
which  thp  hearins:  before  the  commissioners  had  been  held. 


Compilation  of  Statutes.  339 

The  rates  fixed  by  the  commission  shall  be  held  conclusive  and 
deemed  accepted  to  be  fair  and  just  in  all  actions  between  private 
parties  and  companies  brought  under  this  law,  unless  such  rate  or 
the  order  making  the  same  be  suspended  by  order  of  the  court. 

Upon  any  proceeding  brought  to  review  order  determining  the 
reasonableness  of  any  rates  fixed  by  the  commission  the  burden 
of  the  proof  shall  be  upon  the  company  to  establish  that  such 
rate  or  regulation  is  unreasonable  or  unjustly  discriminatory  or 
insufficient. 

The  Superior  Court  of  the  State  shall  have  jurisdiction  to 
enforce  by  decree,  injunction  or  order  the  rates,  rulings  and  regu- 
lations made  and  established  by  the  commission,  and  the  proceed- 
ing therefor  shall  be  by  equitable  action  by  the  Attorney-General 
when  advised  by  the  commission  that  any  such  company  is  violat- 
ing or  refusing  to  comply  with  any  such  rule  or  regulation,  and 
such  court  may  issue  a  mandatory  injunction  compelling  obed- 
ience to  and  compliance  tlicrewith.  Violation  of  such  decree 
renders  the  defendant  and  other  officer  or  employee  who  is  in  any 
manner  instrumental  in  such  violation  guilty  of  contempt  and 
subject  to  a  fine  of  not  exceeding  $1,000. 

Each  telephone  or  telegraph  company  shall  furnish  to  the  com- 
mission complete  schedule  of  all  rules,  rates,  classifications  or 
regulations  in  force  by  such  company  between  all  points  in  the 
State,  and  shall  keep  at  each  station  or  office  for  inspection  a  copy 
thereof. 

The  commissioners  or  their  employees  have  the  right  to  inspect 
the  books  and  papers  of  any  company,  and  examine  any  officer 
thereof  under  oath,  and  the  penalty  for  the  refusal  to  permit  such 
inspection  or  examination  shall  be  a  fine  of  not  more  than  $500 
for  each  day  such  company  shall  so  fail  and  refuse. 

The  commission  shall  ascertain  the  cost  of  construction,  the 
value  of  capital  stock  and  funded  indebtedness,  the  relative  value 
of  the  use  to  which  each  telegraph  and  telephone  company  operat-* 
ing  in  this  State  is  actually  put  in  the  carrying  of  intrastate  and 
interstate  business,  respectively,  the  total  market  value  of  all  of 
its  property,  and  the  time  intervening  between  the  expenditures  in 
the  cost  of  construction  and  the  time  when  returns  in  the  shape  of 
dividends  were  first  received  by  the  companies;  the  probable 
earning  capacity  of  each  company  upon  intrastate  business  under 


340  Telegkai'ii  axd  Tlilkpiione  Companiks. 

the  rates  now  charged  by  thoin,  and  the  sum  required  to  meet 
fixed  charges  and  operating  expenses  on  intrastate  business  by  each 
of  such  companies, ;  the  relative  proportion  of  intrastate  and  inter- 
state business,  the  relative  proportion  of  the  operating  expenses 
connected  therewith  and  the  relative  proportion  of  the  revenue 
which  should  be  derived  therefrom;  the  density  of  intrastate  traf- 
fic and  the  conditions  which  will  tx^nd  to  show  whether  such  traffic 
is  likely  to  continue,  increase  or  diminish,  also  the  density  of  popu- 
lation along  the  line  of  each  telejihone  or  telegrai»h  cnmpany  with- 
in the  State,  and  all  physical  conditions  affecting  the  movements, 
traffic  and  business,  also  whether  the  expenditures  already  made 
for  construction  and  equipments  were  such  as  were  justified  by 
the  then  existing  conditions  and  such  as  luight  reasonably  be  ex- 
pected in  the  immediate  future;  also  whether  the  money  expended 
by  each  company  is  reasonable  for  present  needs  and  for  such  as 
may  reasonably  be  expected  in  the  immediate  future. 

The  commission  shall  make  and  render  findings. of  fact  in  writ- 
ing covering  all  the  matters  mentioned  heretofore  which  it  is 
directed  to  inquire  into,  and  any  company  considering  itself  ag- 
grieved by  those  findings  may  institute  proceedings  in  the  Superior 
Court  to  have  the  same  reviewed  and  their  correctness,  reasonable- 
ness and  lawfulness  inquired  into  and  determined,  which  review 
shall  be  heard  by  the  court  without  the  iiitervention  of  a  jury. 

The  findings  as  filed  or  as  corrected  by  the  courts  when  properly 
certified  under  the  seal  of  the  commission  shall  be  conclusive 
evidence  in  all  collateral  proceedings. 

The  commission  shall  ascertain  the  amount  paid  for  salaries 
to  the  officers  of  the  telegraph  or  telephone  companies,  and  the 
wages  paid  employees  and  such  companies  heretofore  constructing 
any  line  or  extension,  shall  file  with  the  commission  an  itemized 
statement  showing  the  money  expended  in  any  such  construction 
or  extension  and  any  and  all  moneys  expended  by  such  company 
in  the  purchase  of  equipments  and  showing  the  cost  of  improve- 
ments and  betterments  in  the  State. 

The  commission  shall,  at  all  times,  have  access  to  all  accounts, 
records  and  memoranda  kept  by  the  company,  and  in  case  of  re- 
fusal to  keep  such  accounts  and  records  in  the  manner  prescribed 
by  the  commissioners,  or  refusal,  upon  demand,  to  submit  the 
same  to  examination,  shall  render  the  company  so  failing  to  keep 


CoMPiLATiox  or  Statutes.  341 

such  books  or  refusing  inspection  to  forfeit  the  sum  of  $500  for 
each  offense  and  for  each  and  every  day  of  the  continuance  of  such 
offense.  The  penalty  for  failure  to  make  out  and  file  any  blanks 
required  by  the  commission  or  refusal  to  answer  any  question 
therein  printed  or  giving  a  false  answer  to  such  question  is  a  fine 
of  not  exceeding  $500  for  each  day  such  failure  shall  continue. 

If  any  telegraph  or  telephone  company  directly  or  indirectly 
b}^  any  special  rate,  rebate,  draw-back  or  other  device  shall  charge, 
demand,  collect  or  receive  from  any  person,  firm  or  corporation  a 
greater  or  less  compensation  for  service  rendered  or  to  be  rendered 
by  it  than  it  charges,  demands,  collects  or  receives  from  any  other 
person,  firm  or  corporation  for  doing  a  like  and  contemporaneous 
service,  such  company  shall  be  deemed  guilty  of  unjust  discrimi- 
nation, and  it  shall  also  be  unjust  discrimination  for  any  such 
■company  to  make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  particular  person  or  company  or  locality  or  to 
subject  any  particular  description  of  message  or  conversation  to 
any  undue  or  unreasonable  prejudice,  delay  or  disadvantage  in 
^ny  respect  whatever.  Every  telephone  or  telegraph  company  who 
shall  wilfully  fail  or  refuse  under  such  regulations  as  may  be  pre- 
scribed by  the  commission  to  receive,  transmit  and  deliver  with- 
•out  discrimination  or  unnecessary  delay  the  message,  conversa- 
tion or  service  of  any  connecting  telephone  or  telegraph  company 
and  any  telephone  or  telegraph  company  which  shall  under  such 
regulations  wilfully  fail  or  refuse  to  receive,  transmit  and  deliver 
without  discrimination  or  unnecessary  delay  any  message,  con- 
versation or  service  destined  to  any  point  on  or  over  the  line  of  any 
telephone  or  telegraph  company  to  such  connecting  company,  shall 
be  deemed  guilty  of  unjust  discrimination. 

It  shall  also  be  unjust  discrimination  for  any  telephone  or  tele- 
graph company  to  charge  or  receive  any  greater  compensation  in 
the  aggregate  for  the  transportation  of  like  kinds  of  messages  or 
conversations  for  a  shorter  than  for  a  longer  distance  over  the 
same  line,  provided  that  upon  application  to  the  commission  any 
telephone  or  telegraph  company  may  in  special  cases,  to  prevent 
manifest  injury,  be  authorized  by  the  commission  to  charge  less 
for  longer  than  for  shorter  distances  for  transporting  messages 
and  conversations,  and  the  commission  shall  from  time  to  time 
prescribe  the  extent  to  which  such  designated  company  may  be 


343  Telegijai'ii  am)  Tj:Li:riio>E  Cumtaniks. 

relieved  from  the  operations  of  this  provision,  provided,  liowever, 
that  no  manifest  injustice  shall  be  imposed  upon  any  citizen  at 
intermediate  points. 

Any  telephone  or  telegraph  company  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  unjust  discrimination,  and 
shall  for  each  offense  pay  to  the  State  a  penalty  of  not  less  than 
$100  or  more  than  $2,000.  Nothing,  however,  herein  shall  pre- 
vent the  carriage  of  messages  or  conversations  free  ar  at  reduced 
rates  for  the  State  or  for  any  municipality  thereof,  or  for  charitable 
purposes  or  to  and  from  or  in  aid  of  fairs  and  cxj)ositit)ns,  nor 
shall  act  be  so  construed  as  to  prevent  telephone  of  telegraph  com- 
panies from  giving  free  ti:iii-pi>rtiiti<iu  df  messages  from  any  of 
its  officers,  em|)l<)vees,  stockholders,  directors,  employees'  families, 
ex-em])loyees  in  search  of  emjiloymeiit,  and  injured  employees 
and  their  families,  and  the  i'ainilies  of  employees  kilh'd  in  service. 

Any  officer  or  agent  of  a  telephone  or  telegraph  company  who 
by  any  device  suffers  or  permits  any  person  to  transmit  messages 
and  conversations  at  less  than  regular  rates,  or  who  shall  by  any 
device  whatever  charge  any  person  or  company  more  for  the  trans- 
mission of  messages  or  conversations  than  the  regular  rates,  shall 
be  guilty  of  a  misdemeanor  and  subject  to  a  fine  of  not  more  than 
$1,000. 

If  any  telephone  or  telegraph  company  shall  cause  to  be  done 
or  permit  to  be  done  any  act  or  thing  in  this  law  prohibited  or 
declared  unlawful  or  who  shall  omit  to  do  any  act  or  thing  herein 
required  to  be  done  by  it,  such  company  shall  be  liable  to  the 
person  or  persons  or  company  injured  thereby  for  the  damages 
sustained  in  consequence  of  such  violation,  provided,  however,  that 
nothing  herein  contained  shall  prevent  a  special  contract  provided 
for  the  mutual  exchange  of  service  from  being  entered  into  be- 
tween any  railroad  company,  and  any  telegraph  company  where 
the  telegraph  line  is  along  the  railroad  right-of-way  and  used  by 
both  companies. 

If  any  telephone  or  telegraph  company  shall  wilfully  violate 
any  of  the  provisions  of  this  act  or  fail  or  refuse  to  comply  with 
any  and  all  lawful  orders  emanating  from  such  Railroad  Com- 
mission for  which  any  other  penalty  has  been  provided,  for  every 
such  violation  such  company  shall  pay  to  the  State  a  penalty  of  not 
more  than  $2,000. 


Compilation  of  Statutes. 


"WEST   VIRGINIA. 


I.  COXSTITUTIOX. 

The  Legislature  shall  provide  for  the  organizatioii  of  corpora- 
tions by  general  laws. 

Private  property  shall  not  be  taken  or  damaged  for  public  use 
without  just  compensation. 

The  exercise  of  the  power  and  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent  the  taking  by  the 
Legislature  of  the  property  and  franchises  of  incorporated  com- 
panies already  organized  and  subjecting  them  to  the  public  use 
the  same  as  of  individuals. 

II.  CORPOKATIOXS. 

!Xo  corporation  shall  be  authorized  to  engage  in  business  other 
than  that  which  is  provided  under  its  charter,  except  that  of  min- 
ing, manufacturing,  oil,  salt  or  internal  improvement  company,, 
may  lay  out  a  town  at  or  near  their  works  and  sell  lots  therein. 

There  shall  not  be  less  than  five  stockholders,  and  if  the  number 
be  at  any  time  reduced  below  five  and  so  remain  for  six  months 
continuously  the  corporation  shall  be  dissolved.  In  no  case  shall 
the  stock  be  sold  or  disposed  of  at  less  than  par,  except  by  a  vote 
of  three-fourths  of  all  the  stock  of  the  company  outstanding  at 
the  time  the  vote  is  taken  and  not  then  until  notice  of  intention 
to  present  a  resolution  authorizing  such  sale  shall  be  first  pub- 
lished for  two  successive  weeks. 

A  list  of  stockholders  showing  the  number  of  shares  and  votes 
to  which  each  one  is  entitled  shall  for  a  month  before  the  annual 
meeting  be  hung  in  the  most  public  room  or  place  of  business  of 
the  company. 

A  foreign  corporation  shall  not  do  business  in  the  State  unless 
it  shall  file  a  certificate  copy  of  its  articles  of  incorporation  with 
the  Secretary  of  State,  who  shall  thereupon  issue  a  certificate  of 
the  fact  of  such  foreign  companies  having  done  so,  which  certifi- 
cate shall  be  filed  and  recorded  in  the  office  of  the  clerk  of  the 
County  Court  of  the  county  in  which  its  business  is  conducted, 
and  at  the  same  time  file  in  said  clerk's  office  a  copy  of  its  charter. 


'3-44  TELEGRAril    AXD    TtLErilOX E    COMI'AMES. 

III.    TELEGKAPH  AXD  TELEPHONE  COMPANIES. 

Companies  may  be  incorporated  for  the  purpose  of  constructing 
and  maintaining  lines  of  magnetic  telephone  and  telgeraph  and 
carry  on  the  business  properly  pertaining  to  such  works  and 
improvements. 

Any  number  of  persons  not  less  than  five  desiring  to  become  a 
'corporation  shall  sign  an  agreement  setting  forth  the  name,  the 
location  of  its  principal  business,  the  object  of  the  company,  the 
amount  of  its  stock  authorized,  its  value  and  number  of  shares, 
and  the  amount  paitl  in,  the  address  of  the  incorporators,  the 
number  of  shares  subscribed  by  them,  and  the  period  of  the  dura- 
tion of  tlie  cominiuy.  This  agreement  shall  have  attached  thereto 
:the  affidavit  of  at  least  two  of  the  corporators  to  the  fact  that  the 
amount  stated  lo  have  been  ]iaid  in  (»n  the  capital  has  been  in  good 
faith  paid  in,  which  agreement  and  affidavit  shall  be  delivered  to 
the  Secretary  of  State,  who  shall  thereupon  issue  to  th(^  incor- 
porators his  certificate. 

Xo  corporation  shall  e<inlinue  for  more  than  fifty  years  from 
the  date  of  its  certificate  of  incorporation,  but  the  time  of  the 
•  continuance  of  such  company  may  be  extended  by  a  resolution 
adopted  by  the  company. 

The  Secretary  of  State  shall  })reserve  in  his  office  the  ngree- 
ments  of  incorporation,  and  shall  record  the  same  at  the  end  of 
■every  regular  session  of  the  Legislature,  It  shall  be  his  duty  to 
•cause  to  l)e  ]u-iuted  and  bound  an  accurate  abstract  of  every  cer- 
tificate of  iucorp<iration  not  before  recorded,  which  abstract  shall 
show  the  name  of  the  company,  kind  of  business,  principal  office, 
when  issued  and  when  to  expire,  the  name  and  residence  of  each 
■corporator,  the  amount  of  authorized  capital  stock,  the  amount 
subscribed  and  paid  in.  and  the  par  value  of  each  charter. 

Upon  receipt  of  the  certificate  of  the  Secretary  of  State  or 
'within  three  months  after  its  issue,  the  company  shall  cause  the 
same  to  be  delivered  to  the  clerk  of  the  County  Court  in  which 
its  principal  office  is  kept  for  record,  and  such  clerk  shall  record 
the  same  in  his  office. 

Every  corporation  shall,  within  thirty  days  after  organization, 
appoint  some  person  residing  in  the  county  wherein  its  business 
is  conducted  to  accept  service  on  behalf  of  such  company  and  upon 
"whom  service  may  be  had  of  process,  which  certificate  shall  be 


COMPILATIOX    OF    STATUTES.  345 

recorded  in  the  office  of  the  clerk  of  the  County  Court  of  the 
county  where  the  principal  business  is  carried  on,  and  where  such 
agent  resides,  and  also  to  be  filed  in  the  ofiice  of  the  Secretary  of 
State. 

The  County  Court  of  any  county  ma}'  authorize  any  telegraph 
or  telephone  company  to  erect  and  maintain  telegraph  or  telephone 
poles  on  any  land  condemned  or  used  as  a  public  road  in  such  way 
as  not  to  obstruct  such  road.  And  telegraph  companies  desiring- 
to  extend  their  lines  in  this  State  may  place  poles  for  wires  on  any 
country  road  by  and  with  the  consent  of  such  County  Court,  pro- 
vided the  same  shall  be  erected  so  as  not  to  in  any  way  interfere 
with  the  public  use  of  such  road.  Private  property  may  be  taken 
by  eminent  domain  for  telegraph  and  telephone  companies  when 
for  public  use. 

IV.    TAXATION. 

Public  service  corporations  shall  annually  make  a  return  to  the 
Board  of  Public  Works,  which  shall  be  delivered  to  the  State 
Tax  Commissioner,  showing  in  detail  the  number  of  lines  owned 
or  operated,  the  gauge  of  wire,  the  number  of  strands,  the  material, 
and  as  accurately  as  may  be  the  time  when  the  line  or  any 
material  part  thereof  was  constructed  or  last  replaced.  The  whole 
number  of  miles  within  the  State  and  the  whole  number  without 
the  State,  including  the  branches  and  connecting  lines,  the  num- 
ber and  actual  value  of  each  line  in  each  county  within  the  State, 
shops  and  machinery  and  all  buildings  and  structures  connected 
therewith  within  the  State,  together  with  all  real  estate  other  than 
its  land  owned  and  used  by  it  in  connection  with  its  line,  and  of 
each  parcel  of  real  estate,  and  the  number  and  actual  value  thereof 
in  each  county  in  the  State  in  which  it  is  located,  its  personal 
property,  including  money,  credits  and  investments  showing  the 
amount  of  value  in  each  county  and  an  itemized  list  of  alj  other 
real  property  within  the  State  and  the  location,  the  actual  capital 
employed  in  the  business,  the  total  amount  of  bonded  indebtedness 
and  all  other  indebtedness,  the  capital  stock,  the  character,  num- 
ber, amount  and  market  value  of  the  shares  and  the  amount  paid 
in. 

The  State  Tax  Commsisioners  shall  arrange  such  returns  and 
as  soon  as  practicable  lay  them  before  the  Board  of  Public  Works, 


■3-1:6  Telegraph  and  Tr.LErHO>'E  Compa>-xes. 

and  if  the  rptiirn  ho  satisfactory  it  shall  approve  the  same  and 
permit  the  auditor  to  assess  the  property  for  taxes.  If  such 
return  be  not  satisfactory  the  Board  of  Public  Works  may  proceed 
to  obtain  the  facts  and  information  and  may  compel  the  attend- 
.ance  of  witnesses  and  the  production  of  papers. 

The  Board  of  Public  Works  shall  proceed  to  assess  and  fix  the 
number  and  actual  value  of  all  the  property  in  each  county  through 
^vhich  the  line  rnns,  and  in  which  any  property  to  be  assessed  is, 
and  when  the  assessment  is  made  it  shall  be  entered  in  the  books 
of  minutes  and  be  certified  to  the  auditor,  and  as  soon  as  the 
assessment  is  made  the  secretary  of  the  board  shall  notify  the 
•owner  affected  thereby,  and  which  assessment  shall  be  final  and 
conclusive  thirty  days  after  the  mailing  of  notice.  Review  of 
such  assessment  may  be  made  by  the  County  Court  of  any  county 
in  which  any  part  of  the  property  assessed  is  situated. 

The  auditor  shall  certify  to  the  County  Court  of  each  county 
in  which  any  ])art  uf  the  property  lies  and  the  assessor 
shall  certify  to  the  auditor  the  amount  levied  on  each  $100  for 
property  therein  for  school  purposes,  and  the  recording  officer  of 
each  mnnicij»al  cor]"»oration  shall  likewise  report  to  the  auditor. 

The  auditor  shall  then  assess  and  charge  such  owner  or  operator 
of  such  lines  with  the  taxes  properly  chargeable  thereon  in  which 
municipality  or  taxing  district,  and  shall  thereupon  make  out  and 
transmit  by  mail  a  statement  of  the  taxes  and  levies  so  charged, 
and  it  shall  be  the  duty  of  the  owner  to  pay  the  same  into  the 
State  treasury,  and  in  the  event  of  a  failure  so  to  do  a  penalty 
shall  be  added  at  the  rate  of  10  per  cent,  per  annum,  and  the 
•auditor  shall  certify  to  each  county  assessor  the  amount  of  taxes 
assessed  within  his  county  and  he  shall  thereupon  collect  the  same 
as  other  taxes  are  levied  or  collected,  nor  shall  any  municipality 
have  any  authority  to  compromise,  remit  or  release  any  portion 
of  the  faxes  so  assessed. 

Xo  person  without  having  a  State  license  and  being  a  corpora- 
tion, domestic  or  foreign,  shall  do  or  attempt  to  do  any  business 
by  virtue  of  its  charter  or  transact  any  business  in  the  State 
until  such  State  license  shall  have  been  paid.  Xo  such  State 
license  shall  exonerate  the  person  holding  the  same  from  the  lien 
or  penalty  of  any  license  authorized  for  the  doing  of  any  act  or 


Compilation  of  Statutes.  347 

the  enacting  of  any  business  within  the  limits  of  such  munici- 
pality, provided  such  municipal  license  shall  not  exceed  the  State 
tax  imposed  for  doing  the  same  act  or  engaging  in  the  same  busi- 
ness, and  such  annual  license  tax  shall  be  based  on  its  authorized 
capital  stock  as  shall  be  also  the  annual  license  tax  on  non-resident 
corporations. 

Every  foreign  corporation  shall  make  annual  report  to  the 
auditor  setting  forth  its  name,  date  of  incorporation,  shares,  value 
of  its  property,  location,  the  proportion  of  its  capital  stock  repre- 
sented by  property  owned  or  used  in  the  State,  and  the  auditor 
shall  assess  and  fix  its  license  tax  according  to  the  proportion  of 
the  capital  stock  which  is  represented  by  its  property  o\vned  and 
used  in  the  State. 

The  auditor  shall  notify  corporations  liable  to  such  license  tax 
and  the  amount  thereof  shall  be  deemed  a  debt  due  the  State,  and 
^hall  be  a  lien  on  all  the  property  and  assets  of  the  company  prior 
to  all  other  liens  except  the  lien  of  taxes,  and  such  tax  shall  be 
preferred  in  cases  of  insolvency. 

The  property  of  any  domestic  telegraph  or  telephone  company 
shall  be  assessed  for  taxation  as  other  property  in  the  State,  but 
the  stock  notes  of  such  company  shall  not  be  assessed  nor  shall 
such  notes  or  any  part  of  them  be  construed  a  part  of  the  indebted- 
ness of  the  maker  thereof  in  listing  his  property  for  taxation. 

Every  foreign  telegraph  or  telephone  company  shall  annually 
make  return  to  the  auditor  showing  the  full  number  of  miles  of 
line  used  or  operated  within  the  State  during  the  period  for 
which  such  returns  relate,  but  in  ascertaining  such  mileage  no 
more  than  one  mile  of  wire  shall  be  counted  or  measured,  and  at 
the  time  of  making  such  return  every  foreign  telegraph  or  tele- 
phone company  shall  pay  into  the  State  treas^iry  a  license  tax  on 
telegraph  com]iani('S  of  $1  per  mile  of  wire  over  which  telegraph 
messages  are  sent  or  received,  and  telephone  companies  $1  per 
mile  of  wire  over  which  messages  are  sent  or  received  between  the 
cities,  towns  or  villages,  but  not  for  local  exchanges  in  such  cities, 
towns  or  villages. 

Xo  company  shall  occupy  with. its  works  the  streets  of  the  in- 
habited part  of  any  town  or  village  until  the  corporate  authority 
thereof  shall  have  assented  to  such  occupation. 


348  Telegkai'ii  and  Telephone  Companies. 

v.  crimes  axd  penalties. 

Any  person  who  Avilfully  or  maliciously  destroys  or  injures 
wires,  poles  or  other  property  belonging  to  a  telegi'aph  or  tele- 
phone company  shall  be  guilty  of  a  misdemeanor  punishable  by 
imprisonment  not  exceeding  twelve  months  and  a  fine  not  exceed- 
ing $500,  and  also  be  liable  in  a  civil  action  for  all  damages  to 
such  property  caused  by  such  injury. 

Any  person  who  shall  wilfully  and  unlawfully  injure,  impair, 
destroy  or  misplace  any  telegTa])h  wire,  lino  or  pole  or  mechanical 
appliance  or  obstruct  any  comjiany  wliich  is  the  owner  or  lessee  of 
any  railroad  or  other  work  of  internal  improvement  in  the  use 
of  such  property  shall  be  guilty  of  a  misdemeanor  subject  to  a  fine 
of  not  less  than  $1,000  and  imprisonment  not  less  than  six  months, 
and  if  the  death  of  any  person  be  incurred  in  consequence  of  any 
such  unlawful  act  the  person  committing  the  same  shall  be  guilty 
of  a  murder  and  punished  accordingly. 

VI.  LIMITATION  OV  TRADE  AND  COMMERCE. 

Xo  statutes. 

VII.  LEGISLATURE. 

The  Legislature  shall  meet  biennially. 


COMPILATIOX  OF  STATUTES.  349 


VTISCONSIN. 


CONSTITUTION. 

Corporations  witlioiit  banking  powers  or  privileges  may  be 
formed  niider  general  laws,  and  sball  not  be  created  by  special  act 
except  for  municipal  purposes. 

Free  passes  or  franks  arc  prohibited. 

The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid  of 
^ny  individual,  association  or  company. 

The  property  of  no  person  shall  be  taken  for  public  use  without 
just  compensation  therefor. 

11.    CORPORATIONS. 

ISTo  foreign  corporation  shall  transact  business  until  it  shall  have 
filed  in  the  office  of  the  Secretary  of  State  a  copy  of  its  charter  or 
articles  of  incorporation,  duly  certified,  and  shall  also  forward  to 
the  Secretary  of  State  a  statement  showing  its  name  and  location 
of  principal  office  and  place  of  business,  the  names  and  addresses 
of  the  company  and  of  the  agent  who  may  represent  it  in  the  State, 
the  amount  of  capital  stock  paid  in  in  money,  property,  services 
and  the  nature  of  its  business. 

Three  or  more  adult  persons  may  form  a  domestic  corporation 
if  they  are  residents  of  the  State,  and  may  form  such  companies 
for  the  purpose  of  telegraphing  and  the  construction  and  main- 
tenance of  telegraph  or  telephone  lines,  and  they  shall  sign  a  writ- 
ten declaration  giving  the  name  of  the  company,  its  capital  stock, 
number  and  amount  of  shares,  designation  of  officers  and  directors 
which  shall  not  be  less  than  three,  principal  business  address  of 
the  officers,  the  duration  of  its  existence,  and  shall  file  the  original 
with  the  Secretary  of  State  and  a  verified  copy  shall  be  recorded 
by  the  Eegister  of  Deeds  in  the  county  in  which  such  company  is 
located,  who  shall  transmit  to  the  Secretary  of  State  a  certificate 
stating  the  time  when  such  copy  was  recorded. 

The  fiist  meeting  may  be  held  at  any  time  after  one-half  the 
capital  stock  shall  have  been  subscribed  and  may  be  called  by  any 
two  signers  of  the  articles  of  incorporation. 


350'  Telegkaph  and  Telephone  Companies. 

Everv  domestic  corporation  shall  make  an  annnal  report  to  tlie 
Secretary  of  State. 

III.  TELEGRPH  AND  TELEPHONE  COMPANIES. 

Any  person,  firm  or  corporation  may  with  the  written  consent 
of  the  Supervisor  of  the  to\vii,  constrnct  and  operate  a  line  of  tele- 
phone, telegTaph  or  electric  lieht  wires  alonj^  or  within  the  limits 
of  any  highway  in  such  manner  as  not  to  interfere  with  the  use 
of  sucli  highway  by  the  public,  nor  with  the  use  of  the  adjoining 
land  by  the  owner  thereof  and  may  from  time  to  time  extend  the 
same  and  for  such  purposes  ma}^  acquire  lands  or  any  interests- 
therein  and  may  connect  or  operate  its  lines  or  system  with  the 
lines  or  systems  of  any  person  or  corporation  engaged  in  like 
business  within  or  without  this  State  and  charge  reasonable  rates 
for  the  transmission  and  delivery  of  messages. 

Any  telegraph  or  telephone  company  doing  business  in  the  State 
shall  be  lialile  for  all  damages  occasioned  by  the  failure  or  negli- 
gence of  their  operators,  servant'^  or  employees  in  receiving,  copy- 
ing, transmitting  or  delivering  despatches  or  messages,  and  shall 
also  be  liable  for  all  damages  for  mental  anguish  resulting  directly 
and  approximately  from  and  occasioned  by  such  failure  or  negli- 
gence. 

The  liailroad  Commission  of  AVisconsin  is  vested  with  power 
and  jurisdiction  to  supervise  and  regulate  the  public  utilities  of 
this  State  and  to  do  all  things  necessary  and  convenient  in  the 
exercise  of  such  power  an(l  jurisdiction. 

Every  public  utility  when  required  shall  furnish  reasonable, 
adequate  service  and  facilities  and  the  charge  made  for  any  ser- 
vice rendered  or  to  be  rendered  in  connection  therewith  shall  be 
reasonable  and  just  and  every  unjust  or  unreasonable  charge  for 
such  service  is  prohibited  and  declared  unlawful. 

Every  public  utility  and  other  person  or  corporation  having 
conduits,  subways,  poles  or  equipment  on  or  under  any  street  or 
highway,  shall  for  a  reasonable  compensation  permit  the  use  of 
the  same  by  any  pul)lic  utility  whenever  public  convenience  and  • 
necessity  requires  such  use  and  such  use  will  not  result  in  irre- 
parable injury  to  the  owner  or  other  users  of  such  equipment,  nor 
in  any  manner  detrimental  to  the  service  to  be  rendered  by  such, 
owners  or  other  users. 


Compilation  of  Statutes.  351 

If  there  is  a  failure  to  agree  upon  such  use  or  the  corLclitions  or 
compensation  the  Railroad  Commission  shall  on  application  ascer- 
tain if  the  public  convenience  and  interest  require  such  use  and  it 
may  bv  order  direct  that  such  use  be  jDcrmitted  and  prescribe 
reasonable  conditions  and  compensation  for  such  joint  use. 

The  Commission  shall  value  all  the  property  of  public  utilities 
actually  used  and  useful  for  the  convenience  of  the  public  and  may 
hold,  after  notice  to  the  public  utility,  a  hearing  as  to  such  valua- 
tion and  after  the  determination  thereof  shall  serve  a  statement 
upon  the  public  utility  interested. 

Every  public  utility  shall  keep  and  render  to  the  Commission 
in  the  manner  and  form  j^rescribed  by  it,  uniform  accounts  of  all 
business  transacted. 

Each  public  utility  shall  have  an  office  in  one  of  the  towns^ 
villages  or  cities  in  the  State  in  which  its  proj)erty  or  some  part 
thereof  is  located  and  shall  keep  in  such  office  all  books,  accounts 
and  records  as  shall  be  required  by  the  Commission  to  be  kept 
within  the  State.  Every  public  utility  shall  carry  a  depreciation 
account  when  the  Commission  shall  determine  that  such  account 
can  be  reasonably  required,  and  the  same  shall  be  kept  in  the 
manner  prescribed  by  such  Commission. 

Each  public  utility  shall  furnish  to  the  Commission  a  detailed 
statement  of  the  depreciation  per  unit,  salaries,  legal  expenses, 
tax,  rentals,  quantity  and  value  of  material,  receipts  from  by- 
products, surplus  sold,  total  and  net  cost,  gross  and  net  profits, 
dividends  and  interest,  surplus  or  reserve,  prices  paid  by  con- 
sumers and  such  other  items  as  the  Commission  may  prescribe  in 
order  to  show  completely  and  in  detail  the  entire  operation  of  the 
public  utility  in  furnishing  the  unit  of  its  product  or  service  to 
the  public. 

Every  public  utility  shall  file  with  the  Commission  schedules 
which  shall  be  open  to  inspection  showing  all  rates,  tolls  or 
charges  established  or  in  force  for  any  service  performed  by  it 
within  the  State,  and  shall  file  a  schedule  of  joint  rates  or  charges 
where  the  same  may.  be  in  force  between  two  or  more  public 
utilities,  and  it  shall  be  unlawful  for  any  public  utility  to  charge, 
demand,  collect  or  receive  a  greater  or  less  compensation  for  any 
service  performed  by  it  than  is  specified  in  such  schedules.  Upon 
•complaint  by  any  tAventy-five  persons  or  by  any  mercantile,  agri- 


3o2f  Telegraph  A^•D  Telephone  Companies. 

cultural  or  manufacturing  society  or  any  nuuiicipal  organization, 
the  Commission  shall  after  notice  to  the  public  utility,  investigate 
the  rates,  tolls  and  charges  complained  of,  and  if  the  same  shall 
be  found  to  be  unju>t,  unreasonable,  insutHcient  or  unjustly  dis- 
criminatory or  preferential,  the  Commission  shall  have  power  to 
make  an  order  substituting  theret'cu-  sU(di  ratc^.  t<dls  and  charges 
as  shall  be  just  and  reasonable  or  it"  it  >hall  be  found  that  any 
service  is  iiiad('<|uate  or  that  reasonable  service  cannot  \)c  obtained, 
the  Commission  shall  have  the  power  to  substitute  therefor  such 
■other  regulations,  practices  or  acts,  and  t»^  make  such  order  respect- 
ing, and  such  changes  in  such  regidations,  practices  or  acts  as 
shall  be  just  and  reasonable  and  it"  upon  su(di  investigation  it  shall 
be  found  that  any  such  rate  or  toll  is  unjust,  unreasonable,  iusutti- 
cient  or  unjustly  discriminatory  or  ])referential  or  if  any  service 
is  inadeqmite  or  that  any  reasf»nable  service  cannot  be  obtained, 
the  jiiiblic  utility  found  to  be  at  fault  shall  pay  the  expenses 
incurred  by  the  Commission  upon  such  investigation. 

Any  ])ublic  utility  may  nnike  complaint  as  to  any  matter  affect- 
ing its  own  ]»roduct  or  service  with  like  effect  as  hereinabove  set 
forth. 

The  Commission,  may  at  any  time  upon  notice  to  the  public 
utility  and  after  hearing  rescind,  alter  or  amend  any  order  fixing 
any  rate,  toll  or  charge  or  any  other  order  made  by  the  Commis- 
sion, and  such  rates,  tolls,  charges,  regulations  and  services  pre- 
scribed by  the  Commission  shall  be  in  force  and  shall  be  prima 
facie  reasonable  until  finallv  found  oflierwiso  in  an  action  bronirht 
for  that  purpose. 

In  all  trials  and  proceedings  the  burden  of  proof  shall  be  upon 
the  party  adverse  to  the  Commission  or  seeking  to  set  aside  any  of 
its  determinations,  requirements,  directions  or  orders  to  show  by 
clear,  satisfactory  evidence  that  the  same  is  unreasonable  or  im- 
lawful  as  the  case  may  be. 

IV.    T.VXATIOX. 

The  State  Board  of  Assessment  shall  make  an  annual  assess- 
ment of  the  property  of  all  telegraph  companies  within  the  State 
for  the  purpose  of  levying  and  collecting  taxes  thereon,  and  every 
such  company  shall  annually  file  with  the  Board  a  report  contain- 
ing the  name  of  the  company,  its  nature,  principal  office,  name 


Compilation  of  Statutes.  353 

and  address  of  its  officers  and  of  the  chief  officer  or  managing 
agent  in  the  State,  number  of  shares  of  stock,  par  value,  amount 
authorized,  issued,  outstanding  and  dividends  paid  and  market 
value,  its  funded  debt  and  description  of  its  real  estate  and  per- 
sonal property  and  the  assessed  value  of  its  real  estate ;  the  length 
of  lines  of  poles,  single  wire,  of  the  entire  system  and  separate 
in  the  State,  the  length  of  wire  under  ground  and  on  buildings  of 
the  entire  system  and  in  the  State  and  the  length  of  wire  and 
cable,  submarine  for  the  entire  system  and  in  the  State ;  the  num- 
ber of  offices  for  the  entire  svstem  and  in  the  State ;  messages 
received  and  transmited  within  and  without  the  State;  average 
charge  per  message  and  the  average  cost  thereof,  gross  earnings, 
expenses  of  operation,  net  earnings  and  income  for  the  whole 
system  and  in  the  State. 

The  Board  shall  ascertain  the  cash  value  of  the  property  of 
each  company  in  the  State  and  such  true  cash  value  when  ascer- 
tained shall  be  entered  upon  the  assessment  roll  opposite  the 
name  of  the  company,  and  shall  be  and  constitute  the  assessment 
of  the  entire  property  of  the  company  within  the  State  for  the 
levy  of  taxes. 

The  Board  shall  ascertain  and  determine  the  aggregate  tax  m 
the  whole  State  for  State,  county  and  local  purposes,  levied  on  the 
general  property  of  the  State  and  the  aggregate  of  taxes  so  (ietev- 
mined.  The  Board  shall  compute  the  average  rate  of  laxarion 
by  dividing  the  aggregate  taxes  by  the  aggregate  true  cash  value 
of  the  general  property  of  the  State  upon  which  taxes  were  levied 
which  said  rate  was  arrived  at  shall  constitute  the  rate  of  taxation, 
and  the  true  cash  value  of  the  properties  of  the  companies  liable 
to  taxation  under  this  act.  The  tax  roll  shall  be  filed  with  the 
State  Treasurer  who  shall  immediately  notify  the  several  com- 
panies taxed  therein  to  pay  the  taxes  as  extended  on  the  tax  roll, 
which  tax  shall  be  a  lien  upon  all  the  property  of  the  company 
prior  to  all  other  liens,  claims  and  demands  whatsoever  and  upon 
becoming  delinquent  shall  bear  interest  at  the  rate  of  fifteen  per 
cent,  per  annum  after  the  first  day  of  June  of  each  year. 

Any  telephone  company  shall  in  each  year  make  a  return  to  the 
State  Treasurer  showing  gross  receipts  from  operation  of  its  busi- 
ness from  toll  line  service  and  from  service  of  exchange  property 
Vol.   2  —  23 


354  Telegraph  a.nd  TKLErnoNE  Companies. 

and  the  town,  city  or  village  in  which  each  exchange  is  located 
with  the  amount  of  gross  receipts  of  each  exchange,  and  any  com- 
pany whose  total  gross  receipts  shall  be  over  $100,000  shall  pay 
an  annual  license  fee  therein  of  four  per  cent,  and  if  under  that 
amount  of  two  and  one-half  per  cent.  The  amount  arising  from 
this  license  fee  shall  be  paid  as  follows:  Eighty-five  per  cent,  of 
the  tax  on  the  gross  receipts  from  the  exchange  service  shall  be 
paid  to  the  treasurer  of  the  municipality  in  which  the  exchange  is 
located,  and  the  license  fee  up<tn  fifteen  per  cent,  of  such  gross 
receipts  of  exchange  service  shall  be  paid  to  the  State  Treasurer 
and  the  license  fee  of  all  of  the  gross  receipts  from  the  toll  lines 
service  shall  l)e  paid  to  the  State  Treasurer,  and  upon  payment 
thereof  such  company  shall  receive  from  the  State  Treasurer  a 
license  to  carry  on  such  business  for  the  calendar  year,  commenc- 
ing on  diiuuarv  1st,  lu-occdiug  and  cntliug  on  December  31st,  suc- 
ceeding unless  sooner  revoked. 

After  any  license  fee  shall  become  due  and  unpaid  it  shall  be 
deemed  delinquent,  and  shall  draw  interest  at  the  rate  of  fifteen 
per  cent,  per  annum  after  February  10th,  in  each  year. 

All  property  of  any  telegraph  or  telephone  company  and  of 
every  other  corporation  shall  in  all  respects  be  subject  to  all  special 
assessments  for  local  improvements  in  the  same  manner  and  to 
the  same  extent  as  the  property  of  individuals  provided  such 
assessment  shall  not  extend  to  the  right,  easement  or  franchise  to 
•operate  or  maintain  railroads,  telegraph,  telephone  or  electric  I'gbt 
or  power  systems  in  streets  or  public  places. 

V.    CRIMES    AND    PENALTIES. 

Any  person  connected  with  a  telegraph  or  messenger  company 
operating  a  line  of  telegraph  for  delivering  and  receiving  mes- 
sages in  the  State  in  any  capacity  who  wilfully  divulges  the  con- 
tents or  nature  of  a  private  communication  entrusted  to  him  for 
delivery  or  transmission  or  who  wilfully  neglects  or  fails  to  trans- 
mit or  deliver  the  same  or  wilfully  forges  the  name  of  the  in- 
tended receiver  to  a  receipt  for  the  same,  shall  be  imprisoned  not 
exceeding  one  year  or  fined  not  exceeding  $500.  No  corporation 
doing  business  in  the  State  shall  pay  or  contribute,  or  offer  to 
gend  or  agree  to  pay  or  contribute,  directly  or  indirectly,  in  money 
or  property  or  thing  of  value  to  any  political  party  for  any  political 


COMPILATIOX  OF  STATUTES.         .       355 

purpose  whatever  or  for  the  purpose  of  iufluencing  legislatiou  of 
any  kind,  or  to  promote  or  defeat  the  candidacy  of  anv  person 
for  nomination,  appointment  or  election  to  any  political  office. 

Personal  lobbying  is  prohibited  and  lobbyists  shall  not  go  upon 
the  floor  of  either  house  while  in  session,  and  a  violation  hereof  is 
punishable  by  imprisonment  not  exceeding  six  months  and  fine  not 
exceeding  $200, 

Any  officer  or  other  person  connected  with  any  telegraph  com- 
pany who  divulges  any  telegraph  message  or  commnnieation  ex- 
cept to  the  person  entitled  to  receive  the  same  or  Avho  shall  give 
unlawful  preference  in  sending,  transmitting  or  receiving  any 
telegraph  message  or  wilfully  fails  or  neglects  to  give  preference 
to  despatches  or  messages  in  the  order  of  time  in  which  the  same 
are  received  shall  be  punished  by  imprisonment  for  one  year  or 
fine  not  exceeding  $500. 

Any  person  who  intentionally  or  negligently  fails  in  delivering 
a  message  or  by  any  device  whatever  procures  or  attempts  to  pro- 
cure from  any  officer  or  other  person  connected  with  any  telegraph 
company  any  knowledge  of  the  contents  or  substance  of  any  mes- 
sage or  despatch  intrusted  to  him  to  which  he  is  not  entitled,  or 
who  without  lawful  authority  tampers  with,  uses  or  in  any  manner, 
intentionally  or  negligently,  disturbs  or  interrupts  any  telegraph 
wire  or  line,  so  as  to  break,  destroy  or  injure  any  such  Avires  with- 
out first  giving  twenty-foiu"  hours'  notice  of  his  intcuTion  so  to  do  to 
some  agent,  and  in  case  such  wires  are  constructed  along  any  rail- 
road and  shall,  without  the  consent  of  such  company,  send  or  at- 
tempt to  send  any  message  or  despatch  over  such  wires  or  wire  in 
any  manner  whatever,  so  as  to  interrupt  or  distnrl)  any  despatch 
passing  upon  such  lines,  shall  be  punished  by  imprisonment  for  not 
more  than  one  year  or  by  fine  not  exceeding  $1,000. 

VI.    LIMITATIONS    OF    TRADE    AND    COMMERCE. 

Every  contract  or  combination  in  the  nature  of  a  trust  or  con- 
spiracy in  restraint  of  trade  or  commerce  is  hereby  declared  illegal, 
and  every  person  who  shall  combine  or  consjiire  with  any  other 
person  to  monopolize  or  attempt  to  monopolize  any  part  of  the 
trade  or  commerce  in  this  State  shall  forfeit  for  each  offense  not 
more  than  $3,000,  and  any  such  person  shall  also  be  liable  to  any 
person  transacting  or  doing  business  in  this  State  for  all  damages 


35G  Telegraph  and  Telephone  Companies. 

he  may  sustain  by  reason  of  the  doing  of  anything  forbidden  by 
this  section. 

The  Circuit  Court  may  prevent  or  restrain  by  injunction  or 
otherwise  the  formation  of  any  such  contract  or  combinations  for 
the  execution  of  the  purposes  thereof. 

And  upon  complaint  of  the  district  attorney  or  Attorney-General 
proceedings  may  be  instituted  as  shall  be  deemed  necessary  to 
prevent  or  restrain  the  violations  of  the  foregoing  provisions,  and 
the  examination  of  any  party,  and  if  a  company,  of  the  president 
or  other  officer  thereof,  or  of  any  person  acting  for  another  or  for  a 
company  may  be  taken  by  deposition  within  or  without  the  State. 

Trusts,  pools  and  conspiracies  intended  to  restrain-  or  prevent 
competition  or  the  supjdy  or  price  of  any  article  or  commodity  in 
general  use  in  the  State  or  constituting  the  subject  of  trade  or 
commerce  therein  or  which  shall  in  any  manner  control  the  price 
of  any  article  or  commodity  fixing  the  price,  limiting  or  fixing  the 
amouut  or  quantity  thereof  to  be  manufactured,  mined,  produced 
or  sold  in  the  State  or  fixing  the  standard  or  fi<»;uro  bv  which  its 
price  to  the  ]uiblic  shall  be  in  any  manner  controlled  or  established 
shall  on  proof  thereof  in  any  court  of  competent  jurisdiction  have 
its  charter  to  do  business  in  this  State  cancelled  and  anuuled. 

Xo  person  shall  be  excused  from  answering  any  of  the  inquiries 
herein  provided  for,  nor  from  attending  or  testifying,  nor  from 
producing  any  book  or  paper  in  obedience  to  subpoena. 

VII.    LEGISLATURE. 

The  Legislature  shall  meet  biennially. 

Every  ]ierson  engaged  as  counsel  or  agent  to  promote  or  assist  in 
any  manner  the  passage  by  the  Legislature  of  any  legislation  shall 
register  within  one  week  after  his  employment  and  the  Secretary 
of  State  «hall  prepare  and  keep  two  legislative  dockets,  one  of  which 
shall  be  kuoAvn  as  the  docket  of  counsel  and  the  other  as  the  docket 
of  legislative  agents,  and  they  shall  contain  the  names  of  counsel 
employed  to  appear  and  the  names  of  any  agent  employed  for  any 
purpose  in  connection  with  any  legislation.  And  any  company 
employing  lobbyists  shall  cause  the  same  to  be  registered,  and  any 
legislative  counsel  and  agents  must  register  before  acting  as  such, 
and  file  the  same  before  they  shall  be  authorized  to  so  act,  and 
within  thirty  days  after  the  final  adjournment  of  the  Legislature 


Compilation  of  Statutes.  357 

€acli  person  whose  name  shall  appear  on  such  docket  shall  file  with 
the  Secretary  of  State  a  complete  statement  verifying  all  the  ex- 
penses paid  or  incurred  by  such  person  in  connection  with  the 
employment  of  legislative  counsel  or  agent,  or  in  connection  with 
promoting  or  opposing  in  any  manner  the  passage  by  the  Legisla- 
ture of  any  legislation  coming  within  the  terms  of  this  act,  and 
the  penalty  for  the  violation  of  any  provision  herein  is  a  fine  of 
not  more  than  $5,000  and  disbarment  from  acting  in  the  capacity 
of  a  legislative  counsel  or  agent  for  a  period  of  three  years  from 
the  date  of  disbarment. 


358  TELEGRAni  AXD  Telephone  Companies. 


AVYOMING. 


I.  CONSTITUTION. 

The  Legislature  sball  provide  for  the  organization  of  corpora- 
tions of  genera]  law,  and  the  right  and  duty  of  the  State  to  control 
and  regulate  corporations  is  hereby  declared. 

ISsO  corporation  shall  have  power  to  engage  in  more  than  one 
general  line  or  department  of  business,  which  line  of  business  shall 
be  definitely  specified  in  its  charter. 

jSJ'o  municipality  shall  loan  or  give  its  credit  or  make  donations 
to  or  in  aid  of  any  individual,  association  or  company,  except  for 
necessary  supj^ort  of  the  poor,  nor  subscribe  to  or  become  the  owner 
of  the  capital  stock  of  any  company. 

All  telegraph  and  telephone  companies  are  declared  to  be  com- 
mon carriers. 

"No  foreign  telegraph  or  telephone  company  shall  do  business  in 
the  State  without  having  an  agent  in  each  county  through  which 
such  line  shall  be  constructed,  upon  whom  process  may  be  served, 
nor  shall  any  such  company's  line  be  constructed  within  the  limits 
of  any  municipality  without  the  consent  of  its  local  authorities. 

Private  property  shall  not  be  taken  or  damaged  for  public  or 
private  use  without  just  compensation. 

Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  free 
State  and  shall  not  be  allowed.  Corporations  being  creatures  of 
the  State,  endowed  for  the  public  good  with  a  portion  of  its  sov- 
ereign powers,  must  be  subject  to  its  control. 

There  shall  be  no  consolidation  or  combination  of  corporations 
of  any  kind  whatever  preventing  competition,  to  control  or  in- 
fluence productions  or  prices  thereof,  or  in  any  manner  to  inter- 
fere with  the  public  good  and  general  welfare. 

II.  CORPORATIONS. 

Three  or  more  persons  may  form  a  company  and  may  sign  and 
acknowledge  in  duplicate  a  certificate  showing  the  amount  of 
stock,  term  of  existence,  not  exceeding  fifty  years,  shares,  trustees, 
and  the  location  of  the  principal  office,  and  shall  file  one  of  such 


Compilation  of  Statutes.  359 

certificates  in  the  office  of  the  county  clerk  of  each  county  wherein 
the  business  of  the  company  is  to  be  carried  on,  and  one  copy  in 
the  office  of  the  Secretary  of  State. 

The  trustees  who  shall  manage  the  company  shall  be  not  less 
than  three  and  must  be  stockholders,  and  who  shall  be  annually 
elected  at  the  time  and  place  directed  by  the  by-laws  of  the 
company. 

The  certificate  of  incorporation  of  a  telegraph  company  shall 
contain  a  statement  of  the  termini  of  its  lines,  the  counties  through 
which  they  shall  pass,  and  such  companies  are  authorized  to  con- 
struct such  telegTaph  lines  along  and  upon  any  of  the  public  roads 
by  the  erection  of  the  necessary  fixtures,  provided  that  the  same 
shall  not  incommode  the  public  use  of  such  road  and  such  tele- 
graph company  shall  within  six  months  from  the  date  of  their 
certificate  commence  work  on  their  line,  and  shall  prosecute  the 
work  with  due  diligence  until  the  same  is  completed,  and  the  time 
for  the  completion  of  such  line  shall  not  be  extended  beyond  a 
period  of  two  years  from  the  time  the  work  was  commenced  as 
aforesaid.  Any  person  Avho  shall  wilfully  or  maliciously  damage 
or  interfere  with  any  telegraph  line  or  any  of  the  fixtures  or 
appurtenances  of  such  company  shall  be  guilty  of  a  misdemeanor 
and  punishable  by  imprisonment  not  exceeding  one  year  or  a  fine 
not  exceeding  $500  or  both,  and  such  offender  shall  also  pay  all 
damages  that  any  such  company  may  sustain. 

Any  summons,  writ  or  order  in  any  civil  action,  and  all  papers 
requiring  service,  may  be  transmitted  by  telegraph  or  telephone 
for  service  in  any  place,  and  the  telegraphic  or  telephonic  copy  of 
such  writ  or  order  or  paper  so  transmitted  may  be  served  by  such 
officer  to  whom  it  is  sent  and  returned  by  him  if  a  return  is 
requisite,  in  the  same  manner  and  with  the  same  force  and  effect 
as  the  original  might  be  if  delivered  to  him.  The  original  writ  or 
orders  must  be  filed  in  the  court  from  which  it  was  issued,  and  a 
certified  copy  thereof  must  be  preserved  in  the  telegraph  or  tele- 
phone office  from  which  it  was  sent. 

Every  domestic  corporation  organized  under  the  laws  of  the 
State  shall  within  ninety  days  file  with  the  Secretary  of  State  a 
certificate  designating  the  location  of  its  principal  office  and  the 
name  of  the  agent  in  charge  thereof  and  upon  whom  process 
against  such  company  may  be  served. 


360  Telegraph  and  Telephone  Companies. 

Foreign  corporations  shall  within  thirty  days  after  commenc- 
ing to  do  business  file  in  the  office  of  the  Secretary  of  State  and 
of  the  register  of  deeds  of  the  county  within  which  its  business  is 
conducted  a  copy  of  its  charter  of  incorporation,  and  failure  to  do 
so  shall  render  every  officer,  agent  and  stockholder  thereof,  jointly 
and  severally  personally  liable  to  any  and  all  contracts  of  such 
company  made  or  verified  within  the  State. 

III.  TELEGRAPH    AXD    TELEPHONE    C03IPANIES. 

Domestic  or  foreign  corporations  organized  for  the  purpose  of 
constructing  and  maintaining  telegi-aph  or  telephone  lines  are 
authorized  to  set  their  poles,  wires,  fixtures  along  or  under  any 
of  the  public  roads,  streets  or  waters  of  the  State  in  such  manner 
as  not  to  incommode  the  public  use  thereof,  and  provided  that  any 
such  company  desiring  to  place  their  wires  and  fixtures  under- 
ground in  any  city  shall  first  obtain  consent  from  such  city 
through  municipal  authorities  thereof. 

All  telegraph,  telephone,  electric  or  other  wires  constructed  over 
the  line  of  any  steam  railroad  shall  be  put  on  good,  substantial 
poles  of  a  size  not  less  than  twelve  inches  in  diameter  at  bottom 
and  not  less  than  six  inches  in  diameter  at  top,  and  to  be  set  in 
the  earth  not  less  than  one-sixth  of  their  length  and  well  tamped, 
and  double  cross  arms,  and  all  wires  shall  be  insulated  with  glass 
and  porcelain  insulators,  and  all  wires  must  be  clear  of  the  top 
of  the  railroad  at  least  25  feet,  except  in  case  of  trolley  wire  cross- 
ings where  such  height  as  may  be  agreed  upon  shall  be  submitted 
for  approval  to  the  Board  of  County  Commissioners  or  City 
Counsel  in  which  the  crossing  is  to  be  made. 

The  said  Board  of  Land  Commissioners  may  grant  the  right 
of  way  across  any  portion  of  the  public  lands  for  telegraph  lines 
or  other  public  conveyances,  but  no  such  right  of  way  shall  be 
gTanted  as  a  permanent  right  unless  the  same  shall  be  granted  in 
procedure  the  same  as  that  required  for  the  sale  of  said  lands. 

IV.  TAXATION. 

The  board  of  county  commissioners  of  each  county  shall  con- 
stitute a  board  of  equalization  at  meetings  of  which  assessors 
shall  be  present,  and  if  the  assessment  be  raised  or  increased  the 


Compilation  of  Statutes.  361 

clerk  of  the  board  shall  notify  each  person  or  corporation  of  such 
raise  or  increase. 

The  accounting  officer  of  any  telegraph  or  telephone  company, 
domestic  or  foreign,  shall  annually  list  for  assessment  and  taxation 
the  franchises  and  all  other  property  belonging  to  and  used  in  the 
operation  of  such  line  within  the  State.  Shall  show  the  actual 
cash  value  of  the  property,  the  number  of  miles  of  line  in  the 
State  and  the  number  of  miles  in  each  county,  and  the  State  Board 
of  Equalization  shall  value  and  assess  the  property  of  such  com- 
panies for  each  mile  of  the  line,  the  value  of  each  mile  to  be  de- 
termined by  dividing  the  valuation  by  the  number  of  miles  of 
such  line,  but  such  board  shall  not  assess  the  value  of  any  property 
of  such  company  which  is  not  used  in  connection  with  the  opera- 
tion of  such  telegraph  or  telephone  line,  and  after  the  making  and 
determination  of  such  assessment  the  State  Auditor  shall  certify 
to  the  county  clerk  of  the  counties  in  which  property  of  any  com- 
pany may  be  situate,  the  assessment  per  mile  to  be  made  on  the 
property  of  such  company,  specifying  the  number  of  miles  and 
the  amount  in  the  county,  and  the  county  commissioners  shall 
thereupon  divide  and  adjust  the  number  of  miles  and  the  amount 
falling  within  each  school  district  in  their  respective  counties  and 
cause  such  accounting  to  be  entered  and  placed  on  the  list  of  the 
taxable  property  returned  by  the  several  assessors,  provided  that 
this  section  shall  not  be  construed  to  apply  to  the  assessment  and 
acquisition  of  the  property  of  telegraph  and  telephone  companies 
in  any  incorporated  town,  city  or  village,  and  the  taxes  assessed 
and  levied  upon  the  property  by  any  such  company  shall  be  col- 
lected at  the  time  and  in  the  manner  provided  by  law  for  the  col- 
lection of  other  taxes.  ]^o  contract  shall  be  entered  into  by  a  city 
with  any  individual  or  company,  whereby  any  exclusive  right  shall 
be  given  to  any  such  person  or  company  for  any  purpose  whatever 
except  f  ^r  supplying  such  city  with  water  or  light. 

Cities  shall  have  power  by  ordinance  to  raise  by  levy  and  col- 
lect the  license  tax  on  any  company  or  business  within  the  limits 
of  the  city  and  regulate  the  same  by  ordinance,  and  may  prevent 
and  remove  all  encroachments  upon  its  streets  and  public  places, 
and  regulate  and  prevent  the  use  thereof  for  telegraph  or  tele- 
phone poles  and  require  the  wire  to  be  placed  underground. 


362  Telegraph  ais^d  Telephone  Companies. 

V.  CRIMES  AXD   PENALTIES. 

Malicious  injury  to  telegraph  or  telephone  wires  or  appurte- 
nances is  a  malicious  trespass  punishable  by  a  fine  of  not  more 
than  $100  or  imprisonment  for  not  more  than  six  months  or  both. 
The  wilful  and  malicious  cutting-,  ta]>ping  or  making  connection 
with  or  reading  or  copying  by  use  of  any  instrument  in  any  un- 
authorized manner  of  any  message  or  any  telegraph  or  telephone 
line  or  the  malicious  and  wilful  prevention,  obstructing  or  de- 
laying by  any  contrivance  the  sending,  conveyance  or  delivery  of 
any  communication  by  or  through  any  telegraph  or  telephone  line 
or  the  wilful  and  malicious  conspiring  with  any  other  person  so 
to  do  or  the  wilful  and  malicious  communication  or  delivery  to 
any  unauthorized  person  of  any  message  or  copy  thereof  received 
by  any  agent  or  operator  in  the  line  of  his  employment  shall  be  a 
felony  punishable  by  fine  of  not  more  than  $r)00  or  imprisonment 
for  five  years  or  both. 

It  is  unlawful  for  any  person  or  company  to  require  of  its  ser- 
vants or  employees  as  a  condition  of  their  employment  or  other- 
wise any  contract  or  agreement  whereby  such  person,  company  or 
corporation  shall  be  released  or  discharged  from  liability  or  re- 
sponsibility on  account  of  the  personal  injuries  received  by  such 
servant  or  employee  while  in  service  of  such  person  or  company  by 
reason  of  the  negligence  of  such  person  or  company  or  the  agents 
or  employees  thereof,  and  such  contract  shall  be  absolutely  null 
and  void. 

VI.  LIMITATIONS  OF  TRADE  AND  COMMERCE. 

1^0  statutes. 

VII.  LEGISLATURE. 

The  Legislature  shall  meet  in  each  alternate  year. 


INDEX. 


Acts  of  Congress 

Alaska    

Arkansas    

Arizona     

Alabama     

California     

Connecticut     

Colorado    

])ela\vare    

District    of   Cohuiil)ia. 

P"'lorida    

Georgia    

Illinois    

Indiana     

Iowa     

Idaho 

Kansas    

Kentucky    

Louisiana    

ilissouri     

Montana     

Maine    

Maryland     

Massachusetts    

Mississippi    

Michigan     

Minnesota     

Nebraska    

New  Hampshire   .... 

New  Jersey  

New   Mexico    

New  York    

North    Dakota     

North   Carolina    

Nevada    

Ohio     

Oklahoma     

Oregon    

Pennsylvania   

Rhode   Island    


Incor- 
poration.    Regulation. 

Limitations 

of  Trade  and 

Taxat.on.     Commerce. 

rage. 

Page. 

Page. 

Page. 

30 

32 

13 

14 

20 

21 

23 

25 

16 

16 

8 

9 

10 

12 

20 

27 

27 

3S 

38 

39 

:u 

35 

36 

48 

49 

49 

.52 

.53 

54 

56 

41 

45 

46 

(i3 

65 

67 

68 

71 

72 

75 

77 

80 

81 

82 

84 

58 

59 

60 

62 

85 

86 

87 

89 

!t3 

03 

94 

95 

08 

09 

101 

103 

140 

151 

153 

1.55 

157 

158 

159 

160 

](il 

101 

163 

164 

105 

107 

109 

113 

110 

119 

123 

140 

141 

144 

147 

120 

120 

130 

131 

.     133 

134 

130 

138 

166 

167 

108 

169 

197 

198 

199 

201 

203 

205 

181 

181 

182 

207 

209 

211 

216 

191 

192 

193 

194 

184 

ISO 

187 

174 

176 

179 

217 

218 

223 

226 

231 

234 

234 

2.36 

237 

241 

244 

247 

252 

255 

256 

257 

364 


Telegraph  axd  Telephone  Compamks. 


poration.  Rcguation.  Taxation. "St?^ 

South    Carolina  ^"^-  ^''»'-  Page-  Page 

South  Dakota   .....'.'.'.'.'.' ^f^^  ^^'"^  2GG           269 

Tennessee                        ^'  ^  ^"^  27G           279 

Texas    .' ." -^~  283  28r,           286 

Utah    ...                   288  28!)           294 

Vermont    ...       ^"'"  '"^^^^  301           303 


Virginia    

Washington    

West   Virginia    

Wisconsin     ... 

Wyoming    '.'.'.'.'..'..'. i'!^  *'"  ^^2  355 


■  age. 

Pap-. 

Page. 

261 

203 

2GG 

273 

27o 

27G 

282 

283 

285 

288 

28!) 

29!) 

300 

301 

305 

311 

30!t 

31!) 

321 

324 

328 

33G 

332 

343 

344 

345 

34!) 

350 

352 

3.")8 

3(i0 

3G0 

L  005  490  581   5 


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